TERMS OF PUBLICATION.
THB BEDFORD GAZETTE is published every Fri
<lay morning by MEYERS A MENDEL. at $2.00 per
annum, if paid .strictly m advance ; $2.50 if paid
within six months; $3 00 if not paid within six
onths. All subscription accounts MUST be
settled annually. No paper will be sent out of
the State unless paid for IN ADVANCE, and all such
subscriptions will invnriably bo discontinued at
the expiration of the time for which they are
paid.
All ADVERTISEMENTS for a less term than
three months TEN CENTS per line for each In
sertion. Special notices one-half additional All
resolutions of Associations; communications of
limited or individual interest, and notices of mar
riages and deaths exceeding five line.-, ten cents
per line. Editorial notices fifteen cents per line.
All legal Notices of every kind, and Orphans''
Court and Judicial Sales, are required by law
to be published in both papers published in this
place.
Lir All advertising due after first insertion.
A liberal discount is made to persons advertising
by the quarter, half year, or year, as follows :
3 months. 6 months. 1 year.
♦One square - - - $4 50 $6 00 $lO 00
Two squares - - - 600 900 10 00
Three squares - - - 8 00 12 00 20 00
Quarter column - - 14 00 20 00 35 00
Half column - - - 18 00 25 00 45 00
One column - - - - 30 00 45 00 80 00
*One square to occupy one inch of space.
JOB PRINTING, of every kind, done with
neatness and dispatch. THE GAZETTE OFFICE has
just been refitted with a Power Press and new type,
and everything in the Printing HDO can be execu
ted in the most artistic manner Ad at the lowest
rates — TERMS CASff.
All letters should be addressd to
MEYERS A MENGEL,
Publishers.
Notices, &r.
ii r < ><)l)! —wot>D!—Wanted 200
Tf Cords of Wood at Shuck's Brick Yard.
Proposals will be received until 10th of December
by JOHN SPROAT <t CO.,
novlaw4 or F. BENEDICT.
riAKN TEACHERS WANTED.—Ten
£_ Teachers are wan'ed to take charge of the
Monroe tp., Schools, the coming winter.
By order of the Board. DANIEL MILLER,
nov29w3 Secy.
NOTICE OF DISSOLUTION.—THE
partnership heretofore existing between
Richard Langdon and James 0 Sleukcr, under
the style and title of Langdon and Slenker, is this
day dissolved by mutual consent. The business
will hereafter be continued by the said Richard
Langdon. RICHARD LANGDON.
JAS. G. SLENKER.
Riddlesburg, Pa., Oct. 11, '67.—m3
0YE8! OYES! O Yes .'—The un
dersigned having taken out auctioneer li
cense holds himself in readiness to cry sales and
auctions on the shortest notice. Give him a call.
Address him at Ray's Hill, Bedford county. Pa.
oct2">m6 WILLIAM GRACEY.
SOMETHING YOU NEED.—Cleav
er s Wonderful Liniment.. —lt is efficacious
and cheap. If you have a cut, old sore, frost bite,
tetter or any ailment requiring outward applica
tion, you should use it. If your horses or cattle
have cuts, kicks, sprains, grease, scratches, or old
sores. you should use it, for you can get nothing
better, either for yourself, or your horses and eat
tie. You can procure it of Store Keepers and
dealers in patent medicines throughout the coun
ty. Manufactured only by JAS. CLEAVER,
Hopewell, Pa. novSm3
HORATIO J. MEANS, Licensed
Auctioneer, teuders his services to all per
sons haviug sales, or vendues. Give him a call.
Residence, Black Valley, Monroe tp., six miles
South of Bloody Bun. novBm3
VOTICETO TRESPASSERS.—N(D
Li tice is hereby given, by the undersigned, to
all persons not to trespass on their respective prop
erties, by fishiug, hunting, or in any manner
whatever, as they will be prosecuted for so doing,
without respect to persons, to the fullest extent of
the law.
James Leach, Philip Wyles, Jacob K Ritchcy,
Christian Miller, Henry K. Ritchey, John Dnugh
erty, Henry F Mock, David Bottomfield, William
C Ritchey, William Ilarkleroad, Mathias For
ney, Snake spring tp ; Frederick Rice, George M.
Imler ,South Woodbury tp. nov29w3#
AUDITOR'S NOTICE.—The under
signed, Auditor appointed by the Orphans'
\j'j it of Bedford County, to make distribution of
the balance in the hands of James M Barndollar,
Executor of the Estate of Sarah Fare, deceased,
amongst the creditors, heirs, legatees, and all par
ties legally entitled thereto, will attend to the du
ties of his appointment at his office in Bedford, on
Saturday the 7th day of Dec. next, attwoo'clock
P. M., when all parti's interested can attend if
they think proper. M- A. POINTS, Auditor
nov29w2
BEDFORD COUNTY, SS:— THE
COMMON-WEALTH OF PENNSYLVANIA.— To the
Sheriff of Bedford County, Greeting : We com
mand you. that you attach William Fields, late
of your county yeoman, by all and singular the
g'lods and chattels, lands and tenements, in whose
hands or possession soever the same may be, and
thHt he be and appear before our Court of Common
Pleas, to be held at Bedford, in and for said coun
ty on the 10th day of February, A. D., 1868, there
to answer Jonathan Barnet of a plea of debt for
money due on Promissary Note not exceeding
$550.00, and also that you summon all persons in
whose hands or possession the said goods, chattels,
lands or tenements, or any of them may be found
and attiched. so that they and every of them, be
and appear before our said Court, at the time and
place aforesaid, to answer what shall be objected
against them and abide the judgment of the Court
therein. And have you then and there this writ.
Witness the Ilouorable A. King, Esquire, Presi
dent J edge of our said Court at Bedford, the 26th
day of November, A, D , 1867,
0. E. HIAXNON, Proth'y.
A true copy. Certified.
ROBERT STECKMA.N, Sheriff. nov29w6
MEDICAL.— DR. A. S. SMITH,
' having resumed the Practice of Medicine,
solicits a generous share of the patronage of the
community Office in his residence, at St Clairs
ville.
He would call the attention of the public, and to
those more immediately interested to the follow
ing : His health being too delicate to bear much
of the fatigues and exposures consequent on gen
eral practice, he has adopted a speciality in the
profession.
Soon after commencing practice, some twenty
years since, he was attracted by the almost uni
versality of female complaints, both in the mar
ried and single state. Partly from natural incli
nation, and in order to obtain success in practice,
these complaints were made the subjeet of incess
ant study. These alterations, displacements and
deranged functions of the organs peculiar to tht
female, are owing to that refined sense of delicaey
op the part of the female, who, ignorant of the
consequences, prefers to suffer in silence rather
than expose her situation. Seldom cured by the
general practitioner, who is prevented by this
delicacy from acquiring by experience that tact
and skill necessary to discriminate the exact
change present, and contents himself with pre
scribing for the deranged functions, or overlooking
the cause, simply for attendant nervous disorders'!
founding his prescriptions on a Plethoric Anaemon
ie state of the general system and the result is no
benefit, as the number of the long sufforing fe
males bears ample testimony. Believin" that he
has from long and special attention paid"to them,
acquired that skill in discriminating and experL
euoe in treating, he solicits the suffering to give
him a call. No charges for consultation or exam
ination. Visits made to all parts of the county.
Applications for medicines can be made in wri
ting by accompanying stamp for return letter.—
Medicines sent when desired. TERMS invariably
cash for all medicines and instruments.
nov29m3
LEWISTOWN FOUNDRY
AND
MACHINE SHOPS.
T. B. REESE & CO., Proprietors.
MANUFACTURERS OF
PORTABLE AND STATIONERY STEAM EN
GINES AND BOILERS;
Portable Steam Saw Mills ;
Iron and Brass castings of every description made
and fitted up for Mills, Fiotorics, Blast
Furnaces, Forges, Rolling
Mills, 4c.
Wa call the attention of TANNERS to our Oven
for Burning Tan under Steam Boilers.
TERMS MODERATE.
£_sr" All orders by mail promptly attended to.
T. B REESE A CO..
mayl7m6* Lewistown, Pa.
WANTED AGENTS. —(maIe or fe
male) —Can clear $5O per week at their own
home, in a light and honorable business. Any
person having a few hours daily to spend will find
this a good paying business. Address, sending
two stamps for full particulars, E. E. Loch wood,
Detroit Michigan. oct2sw2*
BY MEYERS & MENGEL.
Drii-ffioods, etc.
BUYERS, TAKE NOTICE!
SAVE YOUR GREENBACKS!
NEW
FALL AND WINTER GOODS,
just received,
At J. M. SHOEMAKER'S Store,
AT GREATLY REDUCED PRICES!
Having just returned from the East, wo are now
opening a large stock of Full and Winter Goods,
which have been BOUGHT FOR CASH, at nett
cash prices, and will be SOLD CHEAP. This be
ing the only full stock of goods brought to Bedford
this season, persons will be able to suit themselves
better, in style, quality and price, than at any
other store in Bedford The following comprise a
few of our prices, viz :
Calicoes, at 10,12, 14, 15, 10 and the
best at 18 cents.
Muslins at 10, 12, 14, 15, 10, 18, and
| and the best at 22 cents.
All WoI Flannels from 40ete. up.
French Merinoes, all wool Delaines, Coburgs. Ac.
SHAWLS —Ladies', children's and misses'
sbnwls. latest styles; ladies'cloaking cloth.
MEN'S WEAR—Cloths, cassimeres, satinetts.
jeans. Ae.
BOOTS AND SHOES--In this line we have a
very extensive assortment for ladies, misses, chil
dren. and men's and boys' boots and shoes, all sizes
and prices, to suit all.
HATS—A large assortment of men's and boys'
hats.
CLOTHING —Men's and boys' coats, pants and
vests, all sizes and prices
SHIRTS, Ac.—Men's woolen and muslin shirts;
Shakspeare, Loekwood and muslin-lined paper
collars; cotton chain (single and double, white
and colored).
GROCERIES—Coffee, sugar, syrups, green and
black teas, spices of all kinds, dye-stuffs. Ac.
LEATHER—SoIe leather, French and city calf
skius, upper leather, linings, Ac.
We will sell goods on the same terms that
we Dave been for the last three months—cash, or
note with interest from date. No bad debts con
tracted and no extra charges to good paying cus
tomers to make up losses of slow and never paying
customers. Cash buyers always get the best bar
gains, and their accounts are always settled up.
. J. M. SHOEMAKER,
Bedford, 5ep.27,'67. No. 1 Anderson's Row.
10 per cent, saved in buying your
goods for cat-h, at J. M. SIIOEM AKER'S cash and
produce store, No. 1 Anderson's Row.
sep27
BARGAINS!
The undersigned have opened a very full supply
of
FALL AND WINTER GOODS.
Our stock is complete and is not surpassed in
EXTENT,
QUALITY AND CHEAPNESS.
The old system of
"TRUSTING FOREVER"
having exploded, we are determined to
SELL GOODS UPON TUE SHORTEST PROFIT
FOR
CASH OR PRODUCE.
O** To prompt paying customers wo will extend
a credit of four months, but we wish it expressly
i
understood, after the period named, account will be !
due and interest will accrue thereon.
BUYERS FOR CASH
may depend upon
GETTING BARGAINS.
n0v1,'67 A. B. CRAMER & CO.
GOODS!! NEW GOODS!!
The undersigned has just received from the East a
large and varied stock of New Goods,
which are now open for
examination, at
MILL-TOWN,
two miles West of Bedford, comprising everything
usually found in a first-class country store,
consisting, in part, of
Dry-Goods,
Delaines,
Calicoes,
Muslins,
Cassimers,
Boots and Shoes,
Groceries,
Notions,
,„ . t . Ac., Ac.
All of wHich will be sold at the most reasonable
prices.
Ejjp Thankful for past favors, we solicit a con
tinuance ot the public patronage.
Call and examine our goods,
m ay24,'67. G. YE AG ER
IVTEW ARRIVAL.—Just received
il at M. C. FETTERLY'S FANCY STORE,
Straw Hats and Bonnets, Straw Ornaments, Rib
bons Flowers, Millinery Goods. Embroideries,
Handkerchiefs. Bead-trimmings, Buttons. Hosiery
and Gloves, White Goods, Parasols and Sun-Um
brellas, Bulmorals and Hoop skirts, Fancy Goods
and Notions, Ladies' and Children's Shoes. Our
assortment contains all that is new and desirable.
Thankful for former liberal patronage we hope
to be able to merit a continuance from all our cus
tomers. Please call and see our new stock.
may3l
I) 11. SI PES' MARBLE WORKS.
\l # R- H. SIPES having established a nianu
faelory of Monuments, Tombstones, Table-Tops,
Counter Slabs, Ac., at Bloody Run, Bedford coun
ty. Pa., and having on hand a well selected stock
of Foreign and Domestic Marble, is prepared to fill
all orders promptly and do work neat and in a
workmanlike style, and on the most reasonable
terms. All work warranted. Jobs delivered to
all p ,rts of this and adjoining counties without ex
tra aprl9,'66yl
JT O ! FOR THE F AIR!
SAVE YOUR MONEY!
GREAT REDUC TION IN PR ICES !
Tho undersigned having made a very important
discovery in Photography, is now enabled to re
duce the price ot all kinds of pictures 25 per cent
less than former prices, and is willing to give his
customers the benefit of such discovery. A first
class picture can now be had for 25 cents, made of
the best material and put up in the most substantial
manner.
PHOTOGRAPH ALBUMS in great variety and
cheaper than can be had at any other place in the
county. A large assortment of (JILT FRAMES,
ROSEWOOD FRAMES, FANCY CASES, CORD
and TASSELS for frames, suitable tor any style of
picture, at reduced prices. A superior lot of gilt
and rosewood moulding for frames, just received,
very low. Persons desiring a good likeness of
themscives will please call and examine his speci
mens before going elsewhere.
sep2m3 T. R. GETTYS.
AGENTS WANTED throughout the
State of Pennsylvania for the
UNITED STATES UFE INSURANCE CO. OF
NEW VORK.
ESTABLISHED IS 1850.
Capital and Assets about $2,500,000.
Apply to 0. RARDENWERPER,
General Agent for Penna.,422 Walnut St., Phila
delphia. novlsm2*
sri(-(6oods, tfr.
I . HIGH
I PRICES!
YOU CAN SAVE MONEY
by buying your GOODS of
MILLER & BOWSER,
Mann's Corner, - BEDFORD, Pa.
They are now opening a choice variety of
NEW AND DESIRABLE
FALL AND WINTER GOODS.
Dry-Goods,
i Ready-Made Clothing,
Fancy G'.ods,
Notions,
Cotton Yarn,
Hats and Caps,
Boots and Shoes,
Groceries,
Queensware,
Wooden ware,
Tobacco and Cigars, I
Brooms,
Baskets,
&c., etc., Ac. i
i
LOOK AT SOME OF THEIR PRICES :
CALICO, at 8, 10, 12, 15, 10.
GINGHAM, at 121, 15, IS, 20.
MUSLIN, at 10, 12, 14, 15, 18, 20.
Cassimeres, Cloths, Satinetts and
Ladies' Sacking, at very low prices.
Ladies', Gents' and Misses'
Shoes, Sandals and Over-Shoes, in great variety.
B&F Men's, Boys' and Youths' Boots.
Best Coffee, Tea, Sugar and Syr
up in the market. Prices low
teg" Feed, Flour, <fcc., for sale at all
times.
We invite all to call and -son nur
goods and compare prices before buying elsewhere.
Our motto is, Short Proffits.
JBSaT TERMS— Cash, Note or Produce.
0ct25,'67
TO" INTER ISC OM I JTG!
PREPARE FOR COLD WEATHER
The undersigned hast jusf received from the
Eastern Cities, a large and varied stock of
WINTER CLOTHING,
which he will sell very CHEAP FOR CASH or
COUNTRY PROoUCE. All wool pants and vests
as low as $3.00 to 512.00 ; overcoats, from $3.00 to
$3O 00; cloths, cassimeres, cassinetts, Ac., of the
best quality, and at the lowest prices; under-cloth
ing, such as under-shirts and drawers, at $l.OO
each ; also, flannel shirts, at $1.75.
He has also on hand a large assortment of
DRY-GOODS,
such as ladies' dress goods, consisting of all wool
delaines; calicoes, nt 10, 12, 15 and 16 cents per
yard; muslins, at 10, 12,14 and 20 ; also NOTIONS
in great variety; qucensware, groceries, hoop
skirts, eotton-chai.i, tobacco and cigars, Ac., Ac.
And a good supply of gum coats and blankets al
ways on hand. Gum blankets at $1.75.
Thankful for past favors, he would solicit the
continued patronage of the public, feeling confi
dent that he can please all who purchase at his
store. Remember the place, the '-Old Colonnade,"
southeast corner of Richard and Pitt streets, Bed
ord, Pa. ISAAC LIPPEL.
novlm3
'■HIE INQUIRER BOOKSTORE.—
JL The subscribers have just opened a Book and
Stationery Store, in the building adjoining the
"Inquirer Office," opposite the'-Mongol House,"
lately occupied by Mrs. Tate, where tliey are pre
pared to sell all kinds ol stationery, such as Fools
cap, Congress, Legal and Record cap, Long Bill,
Sermon Letter, Congress Letter, Commercial
Note, best quality, Bath Post large and small, La
dies' note (gilt), Ladies' Octavo note (gilt), Mourn
ing different styles, French note, Envelopes of ail
kinds and qualities, Pass Books ai 'east a dozen
varieties, Pocket Ledgers, Time Books, weekly and
monthly, Tuck Memorandums, twenty different
kinds, Diaries of all descriptions, Blank Books,
Long Quarto, Broad, Lodgers and Day Bioks, all
sizes and qualities, Chalk Crayons, Slates, Arn
old's Writing Fluids, Hoover's Inks, Carmine
Inks, Charlton's Inks, Sand, Pocket Books, all
kinds, Banker's Cases, Carpenter's Pencils, twen
ty kinds of other pencils, a variety of pens and
pen-holders, Stationer's Gum, Clerk's Indelible
Pencils, Gum Bands, Pocket-book Bands, Flat
Glass Ink Wells and Racks, School Inkstands,
Baromerter Inkstands with Rack, Pocket Ink
stands, Sand Boxes, Pencil Sharpeners, Receipt
Books different kinds, Copy Books, Composition
Books, Primers, A. B. C. Cards, Osgood's Spell
ers and Ist 2d, 3d, 4th and sth Readers, Brooks'
Primary Mental and Written Arithmetics, Mitch
ell's Intermediate Geography, Brown's Grammar.
Lossiug's Pictorial History of the United States,
Sealing Wax, Blanks, Deeds, Blotting Pads, Photo
graph Albums, various kinds andsizes, Almanacs,
Ac., Ac. Persons wishing anything in this line
will find it to their advantage to give the "In
quirer Book Store" a call. We buy and sell for
cash and expoct to sell as cheap as goods of the
same class and quality can be sold any where out
side of the large cities.
n0v,29'67yl DURBOHROW It, LlilZ-
BEDFORD, PA., FRIDAY MORNING, DECEMBER 6. 18G7.
Ut gtifafl tetfc.
IMPORTANT_DECISION.
POWERS or I . S. DISTRICT (DI RTS
IA BANKRUPTCY IX MATTERS
or injunction.
I'. 8. District Court. YVost'n I>ist.. Pernio.
In the matter of Creditor*' Petition to
declare tlugii Campbell a bankrupt.
Congress, by the Constitution of the
United States, had the right to bring
all parties, estates and interests con
nected with a bankrupt into the Dis
trict Court of the United States as a
Court of . .ankruptcy. And to confer
upon the District Courts the authority
to suspend all and every proceeding
elsewhere; and to command obedience
to their mandates, exclusive of all oth
er jurisdictions. Hi hby the Bankrupt
act of the 2d Mtufchf *1867, they have
not done so. %
This act does not authorize the Dis
trict Courts of the United States to is
sue injunctions to State. Courts, nor to
the actors or parties litigating before
them.
The act of 2d March, 1793, prohibits
it; and this act is not repealed by the
bankrupt law, either in express terms
or by implication.
Courts of a State are independent
tribunals, not deriving their authority
from the same sovereign, and as regards
the District Court of the United States,
foreign tribunals everyway its equal,
and over which the District Court lias
no supervisory power. The Bankrupt
law does not change the relation of
these courts to each other.
The authority conferred by the 40th
.section, to issue an injunction against
the bankrupt, ami all other persons,
has 110 reference to ;!.u State Courts,
and it is a limitation of the sweeping
provisions of tiie first action.
It was designed to fi.-oteet the prop
erty of a party not yet declared a bank
rupt, until his bankruptcy lias been
legally established.
Liens, by the Bankrupt law, are held
sacred, and the 1 creditor is expressly
protected by the 14th, loth, and 20th
sections of the act.
The Bankrupt's final certificate dis
charges his person and future acquisi
tions; but the lein creditor is entitled
to satisfaction out of the property sub
ject to lien.
J M'CANDLESS, J.—l feel the grave
1 responsibility which attaches to the
I decision which isabout to be announced.
I In construing a new and untried stat
ute, and establishing the practice to be
observed in its proper administration,
there must necessarily be much diversi
ty of opinion among both lawyers and
judges. The interests involved are
frequently so large and the principles
so import:. t, tfrat Inextricable confu
sion must rcoult from an unsound in
terpretation of the legislation of Con
gress. This bankrupt act, is, in my
judgment, highly beneficial to both the
debtor and the creditor. It was (1 -
signed to relieve the one from oppres
sive liabilities which render him unfit
to contribute to the productive wealth
of the country ; and it affords to the
other an assurance that all the property
of the debtor, except what from mo
tives of humanity he is permitted to
retain, shall be honestly devoted to the
payment of his debts. With a fraud
ulent debtor it is wisely and justly
stringent,—compelling a full discovery
and surrender of his assets, for the ben
efit of his creditors under peril of im
prisonment for contempt, which, in
the Courts of the United States, is a
penalty not to be disregarded.
The present is a case upon creditors'
petition to declare Hugh Campbell a
bankrupt. Numerous acts of bank
ruptcy have been assigned, all of which
arc denied, and a trial by jury award
ed. Many judgments of large amount,
the validity of which is not questioned,
have been entered in the Court of Com
mon Pleas of Armstrong Counjy; and
they are all prior in date to the period
when the bankrupt law went into op
eration. Upon final process, a sale of
real estate by the Sheriff has been
made, and $29,21)0.00 realized and
brought into Court for distribution.
Under these circumstances our extra
ordinary power of injunction was in
voked to restrain not only the plain
tiffs in those judgments, but the courts
of the State and their executive officers,
from further proceeding, with the de
sign to bring all timproperly of the
bankrupt into this Court, as a Court of
Bankruptcy, for division among all liis
creditors. The injunction against the .
■sheriffand the parties was granted,!
with leave, instanter, for a motion to j
dissolve, that we might ascertain
whether, under the bankrupt law, we!
have the right to interfere with the
courts of the .State in the legitimate ex-'
ercise of their functions.
After much reflection I am satisfied
we have not, nor with the actors or par
ties litigating before them. The first
section of the act is wide in its scope, ;
and would seem to bring all parties, es
tates and interests connected with the
bankrupt into a common Forum or cen
ter, and to do so, it is contended, that,
Congress, by implication, conferred up
on the District Courts of the United
States, the authority to suspend all and
every proceeding elsewhere, and to
command obedience to their mandates,j
exclusive of all other jurisdictions.'
This, by virtue of the sth clause of the
Bth section of the Ist article of the Con
stitution of the United States, granting
the power "to establish uniform laws
011 thesubjeetof bankruptcies through- i
out the United States," Congress had
the right to do—but they have not done
so.
Staring them in the face was the act
of the 2d of March, 171)3, section sth,
expressly declaring "nor shall a writ
of injunction be granted to stay pro
ceedings in any court of a State."
There is nothing in the bankrupt law,
| hi terms repealing this statute, and the
I authority conferred by the4oth section,
to issue an injunction against thebank
| rupt, and all other persons excludes
1 the Dresuinption that it is to be exer
ciscd without limitation. Other per
[ sons here expressed has reference to
parties interfering with the property of
an individual not yet adjudicated an
! involuntary bankrupt, and which is to
' be preserved inviolate, until his bauk
j ruptcy has been legally ascertained.
! It does not refer to the courts of a
! State, or to their executive officers. It
| was not designed to arrest the whole
I machinery of another and in lepen
; dent forum, which is exercising its best
| efforts to marshal the assets of thedebt
! or, and after discharging the legitimate
! liens to which they are subject, reserv-
I ing the residue, as a fund for the as
signee in bankruptcy.
Liens, by this law, as they should be,
! are held sacred. To say that the vigi
lant creditor, who by hisdilligencehas
secured his debt, and has a valid lien
upon the property of the bankrupt,
shall come in with all the other credi
tors, pro rata, would be a perversion of
| the purposes of Congress in the pas
i sage of the act. No right acquired by
the creditor is affected or impaired.
| 1
J The Ifth section expressly protects
him. The assignee has authority, un
i der the direction of this court, to dis
charge any lien upon any property,
! real or personal, and is authorized to
sell the same, subject to such lien or
l other incumbrances. By the loth sec
tion he is permitted to sell all unin
cumbered estates, re.il and personal on
such terms as lie thinks most for the
interest of the creditors. Where there
is a lien on real or personal property
the 20th section admits the holder of
the lien as a creditor in bankruptcy, j
for the balance of the debt, after de- !
ducting the value of the property, to!
be ascertained by agreement or sale;
or the creditor may release or convey
his claim to the assignee, and be per
mitted to prove his whole debt in bank
ruptcy.
These several sections are distinct j
recognitions by Congress of the sanctity i
! of liens, obtained before the inception ■
of proceedings in bankruptcy, and they
control, and are a limitation of the
sweeping provisions of the first sec
tion. It is among the elementary prin
ciples with regard to the construction
of statutes that every section, provis
ion and clause of a statute shall be ex
pounded by a reference to every other,
j The most general and absolute terms
lof one section may be qualified and
limited by conditions and exceptions
contained in another, so that all may
stand together.
All liens, then, remain intact. The
bankrupt's final certificate operates to
discharge his person and future acqui
sitions, while at the same time, the
mortgage, or other lien creditor, shall
be permitted to have their satisfaction
out of the property mortgaged or sub
ject to lien. A legal right without a
remedy would be an anomaly in the
law: —7 Howard, 623. It is true that
the first section of the act declares that
the jurisdiction conferred on the Dis
trict Court of the United States, shall j
extend to "all cases and controversies |
arising between the bankrupt and any
creditor or creditors who shall claim
any debt or demand under the bank
ruptcy." But as the Supreme Court of
the United States say, in that very able
odinion delivered by my brother Mr.
Justice Grier, in the case of Peck vs.
Jennes , before quoted in 7 Howard, the
Court of Common Pieas of Armstrong
County have full and complete juris
diction over the parties and the subject
matter; and its jurisdiction had attach
ed long before any act of bankruptcy
was committed. It is an independent
tribunal, not deriving its authority
from the same sovereign, and, as re
gards the District Court, a foreign for
um, in every way its equal. The Dis
trict Court has no supervisory power
over it.
When the jurisdiction of a court, and
the right of a plaintiff to prosecute his
suit in it, have once attached, that right
cannot be arrested or taken away by
proceedings in another court. These
rules have their foundation not merely
in comity but in necessity. For
if one may enjoin the other may retort
by injunction, and thus the parties be
without remedy; being liable to a pro
cess or contempt in one if they dare to
proceed in the other. Neither can one
take property from the custody of the
other by replevin or of her process, for
this would produce a conflict of juris
diction extremely embarrassing in
the administration of justice.—
The fact, therefore, that an injunc
tion issues only to the Parties before
the court and not to the court itself, is
no evasion of the difficulties that are
the necessary result ofan attempt to
exercise that power over a party who
is a litigant in another and in<lependent
forum, it follows, therefore, that this
court has no supervisory power the of
Court of Common Pleas of Armstrong
County, by injunction or otherwise,
unless it is conferred by the bankrupt
law. But we cannot discover any pro
vision in that act which limits the jur
isdiction of the state courts, or confers
any power on the Bankrupt Court to
supersede their jurisdiction or wrest
property fromthe custody of their
officers. On the contrary it pro
vides, in the 14th section, that the as
signee "may prosecute and defend all
suits at law or in equity, pending at
the time of adjucation of bankruptcy,
in which such bankrupt is a party, in his
own name, in the same uanier and with
VOL. 62.—WHOLE No. 5.421.
! the like effect, as they might have been
prosecuted or defended by such bank
i rupt." In other words, as to the estate
and property of the bankrupt, the as
signee is subrogated to all his rights
and responsibilities. The act sends the
assignee to the State court, and admits
j its power over him. If confers no au
thority on this Court to restrain pro
ceedings therein, by injunction or
other process, much less to take proper
ty out of its custody or possession with
j a strong hand.
Finding no such grant of power
cither in direct terms or by necessary
implication from any of the provisions
| of the bankrupt law, we are not at lib
j erty to interpolate it on any supposed
i grounds of policy or expediency. We
! shall therefore be compelled to dissal ve
this ami all other injunctions in similar
! cases.
1 have not submitted this opinion to
my brother Grier; but it may be a
source of gratification to the profession
to learn that, sitting with him, recently,
at Circuit in Philadelphia, we conferr
ed upon this case, and I am pleased to
say that we concurred in the legal
principles upon which it should be de
cided.
Injunction dissolved.—Legal Journal.
SUIXG AX EDITOR.— The editor of
the Muscatine (Iowa) Courier was sued
the other day. lie took it philosophi
cally. Hear him:
The dim recesses of our dark sanc
tum were illuminated yesterday by the
rubicund visage of our friend Constable
.Scott. Our hair stood on end as with
tears in his eyes he proceeded to read
a very nicely printed blank on which
our name figured conspicuously with
that of Justice Klein. To cut short a
long article, we were sued. Were you
ever sued, reader? Yes! Nice, aint it?
We put our pen behind our ear and
looked wise at the officer. He trem
bled a little, for the idea of suing an
editor was new to him. He never im
agined that anything could be got out
of "them fellows by suing—we didn't
either. We don't now. The art of su
ing is a science. Young lawyers, anx
ious for suits, sometimes bring them
for fun. Old ones, however, never do
anything of the kind unless they can
get something. We never knew any
body to get anything where there
wasn't anything to be had. We hope
they'll get a judgment against us,
then we hope they'll take out an exe
cution, and. lastly, we beg they'll exe
cute it. If we've got any property
we'd like to know it. They might gar
nishee a lot of fellows we owe around
town. We guess they will. If they
are sharp they will commence on
George Scneider. We owe him for a
glass of beer. If they get that it
would help a little. Failing in this,
we recommend them to attack a box of
soiled paper collars we have on hand.
They havn't been turned yet, and they
might usetheclean side. If this won't
do, we are unable to help them.
VALLANDIGHAM ON BINGHAM.—
Valandigham in a recent speech, thus
referred to John A. Bingham:
"Bingham has chosen to speak of
Vallandigham as 'sticking out his
neck like a crane and glibbering like a
ghost.' Let me tell him that it is not
the ghost of Vallandingham which dis
turbs his serenity. Vnllandigham is
still alive and able in the flesh to vex
his foes. [Applause.] It is the aven
ging spirt of that unhappy woman
which Hits before his vision at noon-day
and glares across the meditations of his
guilty conscience at midnight, it is the
ghost of his victim that dogs his foot
steps, mocking, threatening, torment
ing and driving him to the doom of su
icide. [Applause.] Says this counsel
lor of a murderous conspiracy, 'the ne
gro is just as lit to vote as the. tail end
of a wheelbarrow,' meaning thereby
tiie hard working Irishman. Has he
not read the history of the Emerald
Isle? Knows he nothing of herstates
men, her scholars and her warriors?
lias he never heard of her orators, car
rying multitudes captive with the re
sistless power of native eloquence? <)f
her poets, thrilling the hearts of hu
manity with their songs, and immor
talizing the land of their birth and the
race from which they sprang? Must
the great, the gifted and the good be
thus insulted by ignoranceand malice?
I shall dismiss the unmanly reviler ofj
genius from further consideration, and j
if he wishes to discuss the merits of the :
Irishman and the African, let him pro- j
duee for his negro pets a record that j
will compare with that of the people]
he assails."
PECULIARITIES OF HOTEL CLERKS.
—Some one who has had experience
writes: A hotel clerk is the embodi
ment and concentration of dignity. If
iiis wealth is to be judged by his digni
tv, he* must be possessed of several
millions., do and ask of these lodging-
House potentates of the whereabouts of
some friend of yours who may be an
inmate of the house. Providing you
area major general or a congressman,
you may receive a satisfactory answer.
If you area brigadier you may get a
vague one. If a colonel, it may be
necessary to wait three or four minutes.
If a captain or lieutenant, six or seven.
If a civilian—but words fail to convey
an idea of the manner in which civili
ans are crushed and subjugated
when they propound their inquiries.
Not that he is rude. Oh, no: But
there is a majesty, a loftiness, an exal
tation, a consciousness of power in his
words, looks and gestures which reduc
es the inquirer in his own estimation
to the last verge of inferiority. Chris
tians who are always strong to huii' !e
and abase themselves, whose besett
ing sin is pride, just come down here
and take a dose or two of hotel clerk.
Whenever I feel that I need taken
down a peg or two, I have a never-fail
ing remedy. I merely step into one
of our first-class hotels and ask. "Is Mr.
Smith stopping here ?" and the great
man, after the necessary delay, lifts his
eyes, and I feel that 1 am a worm, and
when he speaks I deem myself a China
man.
THE OLD WO.nAX.
Once she was "Mother," and it was
"Mother, I'm hungry," "Mother, put
up my dinner," and "Mother," with
her loving hands, would spread the
bread and butter, and stow away the
luncheon, and sew on the great patch,
heart brimming with affection for the
imperious little curly pate that made
her so many steps and nearly distract
ed her with his boisterous mirth.
Now she is the "old woman," but
she did not think it would ever come
to that She looked on through the
future years and saw her boy to man
hood grown ; and be stood tmnsfigurtxi
in the light of her own beautiful love.
Never was there a more noble son than
lie—honored of tiie world, and the staff
of her declining years.
Aye, he was her support oven then,
but she did not know it. She never
realized that it was her little boy that
gave her strength for daily toil—that
his slender form was all that upheld
her over the brink of dark despair.—
She only knew how she loved the child,
and felt that, amidst the mist of age,
his love would bear her gently through
its infirmities to the dark hall leading
to the life beyond.
But the sou lias forgotten the moth
er's ministrations now. Adrift from
the moorings of home, he is cold, sel
fish, heartless, and "Mother" has no
sacred meaning to the prodigal. She
is "the old woman," wrinkled, grey,
lame, and blind.
Pity her, oil Grave, and dry those
tears that roll down her furrowed
cheek ! Have compassion on her sen
sitive heart, and offer it thy quiet rest,
that it may forget how much it longed
to be "dear mother" to the boy it
cherished through a careless childhood,
but in return for all this wealth of ten
derness has only given back reproach.
A J'I.AX IAITO.V 2tt£AC'lIER.
The following is told by the Bishop
of Tennessee, at the recent Church Con
gress, as showing the education of a
plantation darkey. The Bishop said:
1 was visiting a plantation, and the
bell was rung, and the negroes num
bering some five hundred, gathered in
the parlors and piazzas of the house,
belonging, unfortunately for himself,
:to a bachelor. After reading a chapter
to them I preached, and said that I
should hold a service the next day to
baptize such as should be presented. I
baptized between seventy and eighty,
and after the service, I fell into conver
sation with "Uncle Tony," a planta
tion preacher. I asked him about
various Christian doctrines, and finally
said:
"And what about the resurrection?"
And with a very solemn face, lie re
plied.
"You see master, intment is hit
men t."
"Yes."
'' Wei 1, you see dere is a spi ritual body,
and dis dodv made out of dus."
"Well, you see when the Angel Gab
riel comes down from heaben,and goin
up and down the lliber of Jordan, a
blowin of his trumpet and the birds of
Ileaben singin, and de honey rain in
down on all de hills of Ileaben, he will
bring the speritual body wid him down
from Ileaben and take dis here body
ui) °tit oh de Jus, and take de intment
and rub it on, den stick togedder—and
dere dey is."
S vsr KM A TIC ALI A' SOLD.—Two gen
tlemen from New York, one of whom
had been in California nearly a >ear,
and the other just arrived, werea-ci
lently overhead in the following
conversation at the Sutter House, Sac
ramento. The new comer was lament
ing his condition, when he asked the
other if lie had a family.
"Yes, sir, 1 have a wife and six chil
dren in New York,and never saw one
of them."
After this, the couple sat a few mo
ments in silence, and then the interrog
ator again commenced :
"Were you ever blind, sir ?"
"No, sir."
Another lapse of time.
"Did I understand you to say, sir,
that you had a wife and six children
living in New York and had never seen
one of them ?
"Yes, sir; I so stated it."
Another and a long pause of silence.
Then the interrogator inquired :
"110w F can it be, sir, that you never
saw one of them ?"
"Why," was the response, "one of
them was boin after I left."
"Oh ! all!" and a general laugh fol
lowed.
After that the first New Yorker was
especially distinguished as the man
who had six children and never saw one
of them.
LIFE AND ITS E.VD. —Remember for
what purpose you were born, and
through the whole of lite, look at its
end. Consider when that comes, in
what you will put your trust. Not in
tiie bubble of wordly vanity—it will be
broken: not in wordly pleasures—they
will begone: not in great connexions
they cannot serve you : not in wealth
—you cannot carry it with you: not in
rank —in the grave there is no distinc
tion : not in the recollection of life
spent in giddy conformity to the silly
fashions of a thoughtless and wicked
world; but in that of a lifespeut soberly,
righteously and wisely, in this present
world.