The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1873-12-09

tunes demanded all our cueCttVc 1orcc,
as we usually have shall be pat in i'm
mediate readiness for warlike service
This has been and is being done prompt.
ly and effectively, and | am assured that
all available ships, and every authorized
man Of the American navy, will be ready
for whatever action is required for the
safety Of our citizens or the maintenance
Of our honor. This, of course, will re.
quire the expenditure in short time OF
some Of the appropriations which were
calculated to extend through the fiscal
year, but Congress will, doubt not, un'
derstani aud appreciate the emergency,
and will provide not only for present
preparation but for future maintenance OF
our moral force. The Secretary OF the
Navy has during the past year been quiet
ly putting some OF our most effective
monitors in condition for service. and
thus the exigency finds us in much bet
ter condition for work than we could
possibly have been without his action.
LAW AND ORDER.
DEPARTMENT of Justice. Affairs in
Utah require your carly aud special at
tcntion. All proceedings at law are prac.
tically abolished by these decisions.
There have been but few or no jury trials
in the district courts in that territory
since the last session Of Congress. Pro.
pcrty is left without protection by the
courts, and crimes 90 UNPUBLISHED. The
Supreme Court Of the United States in
the case of Clinton VS.. Englebrecht de-
cided that the United States Marshal OF
that territory could not lawfully summon
Jurors for the District Court, and those
courts hold that the Territorial marshal
cannot lawfully perform that duty because
he is elected by legislative assembly and
not appointed as provided for in the act
organizing the territory. To prevent an
alchy then it is absolutely necessary that
Congress provide courts with some mode
Of obtaining jurors and | recommend leg
islation to that end and also that probate
courts of territory who assume to issue
writs of injunction and habeas corpus and
to try criminal cases. and questions as tc
land titles be denied all Jurisdictions moi
possessed ordinarily by courts of that
description
THE BANKRUPTCY ACT
have become impressed with the be-
lief that the act approved March, 1867
entitled an act to establish uniform sys
TEN of bankruptcy throughout the Unitec
States, is productive of more evil thar
good. At this time many consideration
might be urged for its total defeat, but il
this is not considered advisable, thinl
twill not be seriously questioned tina
these portions Of said act providing io
what is called involuntary bankruptcy
operate to increase financial embarrass
inents In the country careful and pru
dent men very often become involved il
debt in the transaction Of their business
and though they may possess ample pro
perty, if it could be made available 70
that purpose, to meet all their liabilities
yet on account Of an extraordinary scar
city of money they may not be able t.
meet all obligations as they become due
in consequence Of which they are liabl
W Dt tuCli DucluCso W piO
ccedings in bankruptcy at the instance G
urrclenting creditors People are no'
so alarmed at monetary matters, that tn
Tere filing of petition in bankruptcy b
an unfriendly creditor will necessaril
embarrass and oftentimes accomplish E
nancal ruin of responsible business mer
Those who otherwise might make Lawful
and just arrangements to relieve them
selves from difficulties produced by tn
present stringency in money are prevent
ed by constant exposure to attack an
disappointment by proceedings again'
them in bankruptcy and, beside, law
made use of in many cases by obdurat
creditors to brighten or force debtors int
compliance with their wishes, and into act
of injustice to other creditors and then
selves. recommend that so much Of til
act as provides for involuntary bankrup
cy on account Of suspension of paymen
be repeated.
FRAUDULENT CLANS
1 i 4