Newspaper Page Text
BROWNLOW, HAWS & CO., Pnblishers.
ot lakes toe union of lands
Tk. union of States none can sever
Tfca un'.ou ot beaxti tne oniot. ol bands
And the flaz ol Union forever."
Knoxville, Tenn., July 25, 1866.
C. 6. Hkiuud, K. 24. Eruad Street, Boetn. Mass..
it our regularly aj'jjiinted actit to Tc.cive i-uh.criptionp
for our vpr iu tbo Kia-.es t.f Connecticut and Maf
tbuiett;. The Wnia can le had every week nt the New
Dpt of K. II. SingleV-n, IV t Office Building
I bin not now Aihittant Special Agent for the
Treucurj Department. TLis ofSce I resigned about
nine months no, since which tirao I hve had no
connection with it I make this puMicaiiun be
cause I am frequently nppiiod to by letter for pro
feiotiilund Undo licei.eeg. Several times I have
made 'hit nnnounteujeiit. and trust it will be un
derstood after a while. I am not collector of internal
revenue or government taxes.
John E. Bkownlow.
Correspondence Between Gov. Brown
low and the Clerk of the I. S. Ilonse
The following official correspondence is brief but
highly signiflcuiit. Tenneri-co will be restored and
no thanks to the President, her contumacious, rebel
Lou and ungrnteful ..n. Tii ink heaven, after all
the tcmpett we have weathered, our prospects are
brighter and u ore cheering to-day, than they have
been since 1 t?0"J :
Washington, July If, 1S0G.
To Hun. IT. O. b.wiloi? . Ii.vc bth branched
of ti e Legislature ol Tennc.-ct'e r-titiei the. pending
Constitutional amendment, and (seJurci ) its adop
tivU by TciilieE-tC. S-.:ti1 a doinite Hll-v.'er.
EL'tVAKD Mc I'HEKbON.
Cierk U. ii. U. S.
Nashville, Tenn, July 20, 1666.
htard McPhenon, Cler'n of the House of Repre
w.taticft, WciKi'iytu i, D. V. : The utmnliiient has
b en regularly ratiti--J ly Lnili branehei of the Lei;-i.-lnture.
The action f the L- g'slature will I c offi
cially transmitted to Mr. Scv.ard without delay.
w. G. JJrownlow,
Governor of Teinvrtv.
B. Frazler In the Coiuptracy.
The loiiown rj tic iiui'.iit in ttie hund-writirg o)
thd dirtv litiio p ijipv who editj the Knoxville Com
mercial, was picked up cu tho floor of the Senate.
nd reveals ih: cowardly an J tncc.Miy part the Sen
Wz fron. Knox is plavm.. a- reOel spy. in lor mm
r i crrpi n Jeiit :
Knoxville, Jul 3d, 1S06.
Senutur HinJ.e.t l)iif Sir: FleasO write me a
liUe e.'ch day ol uhnl i; tlotie :l Nur-hvill, and what
Vou pr filet, unilt r the name of "Observer.'' luu
wi.'i ubligt- Uie liliieh Kop o' d WMtCh of May
Hard! Let mo know tt:- namej't' ev-r toem her ol
both hoUr.es pn-.-ei t. Ibn. t to c-.i:.ji!y with iu
request, cr the sake of the caw.
J. W PaTI KHSuN,
if the Lmncrclul.
Bui! Frarier, the L'opperh 1 Proph-t. is i aih-.i
upon to pnd.ci for the benefit of the re cl oik
m ntvur heird lies i.u i siu.'ig over tto' -:gnittiire ol
"ObrCrver ' callel by the name ! pre-iictk'n. be
fore. But us the uecret is :ioW out, the Piophel will
have to chalice his name, tnd nuiko his rebel coin
muaication over so i.c other t-imttiire; !
Arrest of l Williams.
Xuo member from Carter county and his rebel
friends tal.e it very much at heart that he should bt
arrested by order of the House, aud held re-ponsihle
for absenting himself without leave. The 14tb
Rule of the lly-.se. made for its ow n government,
and for v.hich ilr. illiauis v:-itd ;ailiioore he would
bo governed, is in these words :
14th. o member shall absent himself from the ser
vice of thcllou-c Klilvtii lcavflr&i o'ttuno?; and in
case a loss number than a quori.ui of the House shall
convene, th"y are !) ijhy authorized to send the
door-keeper, or my other jiirfon or .icrsc'ia, for an-,
or all, absent memOers, as tile m.ijor ty ol such mem
bers picrcnt shall aree, ut i'-.e expense c t:cn man
itrj retpcctlrcly. unle.-s sueh oxou.-e for non-attendance
shall b made as the House, when a quorum
in convened, shall judge sufficient.
It is worthy of note that the men who appeared
in vindication of thu writ of fiuleas ;orp::s in this
ease, were tho leaders of tho Johnson Club, one of
whom is John C. Otiut, a man who has gone over to
the rebel side ever since he charged Tbots. II. Callo
way a o.O'JO fee for $50 worth i f Inbor '
Who Controls the Tennessee Legisla
ture. A Washington dispatch of the 13th to the St.
Louis Democrat s.is :
For tha past two J-'v- Mr. Cooper, the Presi
Jer.t's Private S-emtary, l.s not Lei slated to boast
that Mr. Ji'hr.si-n had".ain-d the control of the Tvn-uosc-e
L'"gislhturi-, and will neglect no niaii of re
taining it, and thus preventing a quorum a-sett.b
ling. His avowed object is to defeat the ratilicntioli
of tho constitutional umendment. which would se
cure the restoration of the Stale on the Congres
Thank God! the Tensis AivsrAi'E anu Rex-
tCAlE WHO t'C'CltlE- TJE WHITE HOUSE DOEb
NOT roNrKOL the Legislature cl Teline-see. This
tioble body of men aro rut EM en, and bow the kne
to no tyrant or usurper. Liis-.td of ici-- the tools
of A id re.-' Jvfitiwi, tiny v'ld r.ot .;. him jur
a slur. Regardless of ti e I i ...l:on and :e y or
patronage of Andrew Joimson, and the combined
efforts of the traitors, of the State, our noble Legis
lature has adopted the Constitutional Amendment
by immense majorities in lo:L IIou?c. All honor
to the loyal legislators c f Tennessee. All hail !
noble patriots, is the aspiration of loyal men through
out tho Republic.
Tennessee In Line.
Tlo Geiier.d As-etaoly -.f T jur.. h.ts ratifi"!
the constitutional a;u :u lm n. Tn-S :!i o e r.a.d-;!
by a vote of 15 to 6. a'ld II iu-n by v. vo.o of 43 to
13. This ratitieation has tieen iiehievi-l aauist th
CJUibinod powers o: tho rebel pre- and r- ti 1 f r.'es.
Andrew Johnson, Ei. Cooper. Juigo Putterson,
und all their h ttT writing -nil ajp nut n-ut to
otfice of boltors and traitors. It his t)e:a a ti -re.-contest
of loyalty anl principle against p tr
corruption and treachery most foul, backed by an
aptst.tte President, who has placed himself in the
ehoes of Jeff. D:;vis, striving to bring on another
rebellion. The victory is a proud one for th gl-
"A" Mr. TrIrable-MOneM Trlmhle,
Under the above heding the treawnable jour
nalt of East Tennessee tetm with denunciation ii
Hod. John Trimble, member of the State Senate
from Nashville and Davidson county.
That such should be the case is not unnatural or
astonishing. Treason loves to stab a shining ten of
loyalty, and the Senator from Davidson county ii
pre-eminently of this class Traitors have cause to
bate John Trimble, for no man living hates treason
more than he, and none have expressed detestation
of the "hydra-headed monster" in termn more un
equivocal. Unlike the men who assail him, his loy
alty does not date from the hour of pocketing a
pardon or receiving a commission in the Federal
-rmy by which to swindle thn government and en
nance private interests. Hu has always been a na
tional man, an enemy of so-called States right
and secession. In 1859, without solicitation, direct
or remote on bis part, he was elected to the State
Senate. Here he fearlessly and ably met every ad
vance of Isharn Harris and his confederates in the
vile purpose to dissolve our glorious government.
He met them fired by the zeal of a Percy, and
guided by the wisdom of a Nestor. Though com
pelled to succumb to the gentle persuasion of bay-
nets, and an overwhelming majority of citizen?
hostile to Union and freedom," he nevertheless
maintained his integrity, and clung to hiB imperil
led government "as the ship-wrecked mariner" clings
to the last plank when the night and tempest dose
Virgil describes Mczentius surrounded by his en
emies. " He, like a solid rrt'c by seas enoluscd,
To raging wind and roaring wares exposed,
From his proud amaiit looking down, disdains
Their empty menace, and unmoved remains."
Thus stands John Trimble and his noble compa
triots in the disloyal districts of Tennessee, but from
his and their "proud summit" of patriotism and
exact justice to all men, he and they may well look
down disdaining the vituperation and " empty me
nace " of unrepentant traitors. As we have said,
ilr. Trimble has ahcays been a national man ; never
a politician and time-server.
Like a majority of the loyal men in our Legisla
ture, he is serving the State and country at the sac
rifice of private interests. Were he to consult these
he would not be in the General Assembly. Selfish
ness would prompt him to pursue the profession of
the law, of which he is an able member.
When an impartial history of this great conflict
in Tennessee shall have been written, the star of
John Trimble will brightly shine in the constella
tion of Tennessee's illustrious law-makers.
Futile indeed are the efforts of the "Copper-Johnsons"
to bring reproach on such legislators as Trim
ble and his associates. The traitors who attempt it
are like those silly savages who let fly their arrows
at the sun in the vain hope of piercing it, but, un
heeding, the great luminary rolls on in its eternal
pathway, shedding light and animation on all the
Appointment of Chancellor.
Oliver P. Temple of this city, has been coiumis
rioned by Gov. Brownlow, as Chancellor, for the
the period of eight years, of the 8th District, in
place of Hon. S. R R dgers, deceased. Col. Ten
jjie has accepted thu appointment, and will at once
enter on the discharge of the duties of his responsi
ble office. In doing so he makes a great pecuniary
sacrifice, but be is so circumstanced as to be able to
do this. Judge Tmp!e is well known to the peopl
of East Tennessee, as one of our most successful
practitioner at the Bar.
A brief sketch of his career may not be uninter
esting to our readers in oth'ir sections of tho State
h feel a lively interest in all that pertains to the
Tn' Judge if a native of Greene county, and a
te:l,.v-t owusinan of Andrew Johnson until 1649.
heu ho removed to this city. When he had been
at tiie bar a short tim, und by age was barely eli
gible to asoat in Congress, h was, in 1847, nomina
ted for this position by the Whig party, in opposi
tion to President Johnson, candidate of the Democracy.
Johnson and Temple made an animated and thor
ough canv.iss of the district, in which tho latter made
much reputation as a popular orator. The Demo
cratic majority in the district, and the majority by
which Johnson had been twice elected, was between
twelve and fifteen hundred. In the contest with
Temple ho was elected by but three hundred votes.
Since this time Judge Temple has not been a candi
date for any position save in I860, as Presidential
elector for this district, on the Beli-Everett ticket
In this c.mvass he made able and eloquent appeals
for the preservation of the government, charging
disunion as the object of tho leaders of the Breck
enridge party, and predicting, (in the event of Lin
coln's election) the secession of the Southern States
and war on the gigantic scale which has desolated
the country. It is hardly necessary to add that
Judge Temple has remained faithful to the loyal
pledges he then made. Had he not done so he
would not have been commissioned by Gov. Brown
low. Though the Judge has not been a politician,
he has not occupied an cquieoea.1 position on any
question affecting the public interests.
He is and has been an ardent friend of the loyal
Slate Government of Tennessee, and the great na
tional party cf the country which suppressed the
Notwithstanding this, his appointment gives uni
versal satisfaction, ail acknowledging his integrity
und ability. We predict for Judge Temple the hon
orable record as Chancellor, which has marked the
career of his able predecessor.
For tie KaoxTilla Whig.
Johnson Endorsed by Europe.
The reading public cannot fail to notice
the effort put Jorth by the friends of the
tylerized President to show that "My Poli
cy" is endorsed by Europe. Editorials
from the London Times and other English
papers, and extracts from Continental
opeakers and writers, are continually pa
raded before our eyes with a great nourish
of trumpets. Be easy, gentlemen ! Don't
strain yourselves. AVe il admit, willingly,
Eladly admit that Europe is on your side.
We'll admit more. We ll admit that not
only Europe, but every other monarchical,
oligarchical, aristocratical dud unrepubhean
regio.t on God's green earth, is arrayed side
by side with the Johnson party. And there
let them stand ! If your Democratic Con
servative eyes are charmed with the pros
pect of every despot, tyrant, monarchist,
uli"arch and aristocrat of the old world
standing in your ranks enjoy the prospet,
gentlemen ! wc don't envy you
It is a notorious and undeniable fact that
every European newspaper that aided and
encouraged the Jeff. Duvis rebellion now
aids andencourages the Andy Johnson re
bellion. Oh, yes ! Europe is with you. It
i m.sfprtlv natural that monarchical Eng
land and despotic France should hate true
Republicanism ; and it : equally as natural
that every man who loved Jeff Davis and
his horde of traitors, should love this sham
rebel-conservative Democracy. iftcrclore
it is rrentlemen, that all Europe is with you.
Does not the tyrant Know ins menus irum
his foes ? Does not the monarchist know
on whom to smile and on whom to frown ?
Does not the aristocrat know whom to
praise and whom to denounce? les, gen
tlemen couscrvativesjthc voice of the tyrant,
the monarchist, and the aristocrat, is with
you, the voice of the oppressor in every
land salutes you. out ireeaom, irom ner
mountain home, frowns upon you in scorn
ful indignation, apostates as you are to her
Anicricaus! are you in luvov of the
European party ? Beware of that party
which the monarchists delight to praise and
caress. If any one truth is plainer than
28, upon the streets, and passed the Banner office
on purpose to see the chivalry, but was permitted to
run at large without chastisement from the scoun
drels who now pretend to nave pluck.
But after these editors knew I bad left the city,
and the time having expired daring which I in
formed them I would remain, like Jack Falstaff,
the prince of cowards, who, according to Shaks
peare, rising from a feigned death, stabbed again
the dead Percy, and bore aloft his body in triumph
as evidence of his (own) valor, seek to make the im
pression they sought me. I will now inform these
valorous editors that I shall visit Nashville again
during the fall, and make a speech, when, unless in
the meantime they shall have ceased to preach trea
son, I will denounce them as traitors again, and
give them another opportunity to find me, and seek
satisfaction for what I have said or may say. Mean
while I suggest the following as a suitable epitaph
for the Banner when it dies :
. If heaven be pleased when mortals cease to sin ;
If hell be pleased when sinners enter in ;
If earth be pleased when e'er she lose a knave
Then all be pleased the Banker in its grave.
My official duties require my services, and I trust
the public will pardon me for intruding this Card
upon their attention. L. C. Hock.
P. S. Nashville Press and Times please copy.
Clinton, Tenn., July 16, 1866. .
From the Nashville Press and Times.
RATIFICATION OP THE CONSTITU
Triumph or the Unionists over the
VOTE 43 ATES TO 13 NAYS.
any other, it is this : the very best course
for every true American to follow is to go
directly opposite to what Europe advises and
nnnrnvp Eiivopc hates America! Amer-
i r . , , -
ica was once tne slave oi x.urope
master hates cverv frecdman
rope's hate for America. The old world is
of the past, the new world is of the future.
The old world is conservative, and there
fore fond of "stars, garters and titles of no
bilitv," of crowns and sceptres, of slaves
and disfranchised men. The new world is
progressive, and "holds these truths to be
self-evident : that all men are created equal;
that they are endowed by ther Creator with
certain inalienable rights: that among
these are life, liberty and the pursuit of
happiness, and that to tceure these rights,
governments are instituted among men, de
riving their juti powers from the consent of
How appropriate, then, how becoming, is
it for Europe to endorse the Conservatives
the old world party in the new world !
But there is also a new world party in the
old world. That party headed by John
Bright, and strivintr to put the ballot into
tho hands of English working men, is a
new world party. The citizens of Swit
zerland, the free republisj of the Alps, tell
us, in their address to America, that they,
too, belong to the new world part-. But
the English Liberals and the Swiss Repub
licans don't endorse Andy Turn-coat, the
quondam tailor. How is this, gentlemen
Conservatives? The John Bright party
and the free Switzers encouraged us to put
down the rebellion, and the Loudon Times
and Paris Moniteur party encouraged you
to put down the United States. The Times
and Moniteur are with you ; John Bright s
Liberals and the Swiss are with us. How
is this gentlemen? Who has changed?
Have they all changed but you ? Have the
English tories and French imperialists
ceased to love rebels, and now love union
ists? or do they find rebels in you ? nave
the John Bright Liberals and the Swiss Re
publicans teased to love enionMs find now
love rebels? or do tb,j find v ,. us ?
Ah, gentlemen, the truth is too plain. The
lovers of rebels are rebel-lovers still ; and
the lovers of unionists arc union-lovers
still. And who is the rebel and who the
unionist? Thoso whom the despots, mon
archists and aristocrats of Europe praise
and caress, are the rebels. Mr. Conserva
tive; thou art the man ! And those whom
the lovers of freedom in Europe praise and
caress are the true and only unionists.
But death to disguise ! Why do you, con
servatives, hold the doctrines of aristocrats,
monarchs, and despots? and why do you re
joice iii the applause of every hereditary
foe to Republican America? Are you
aristocrats at heart? You .. '.' You
advise Johnson to usurp all the pow
ers of the government. You are tired
oi Republicanism. You are in favor
of a dictator. You are the Catalines of the
i- :. I .
nrpsenl. .'i.o-c. tou are traitors m suee .'
hint Lniou men of Tennc.ec --d takc lb wind
out of the sa!c. tLv-0 -.JC-ki.ig to make capita', out
of or Coiigiessixieu being denied their seats.
It bus now como to light, on authority from
Washington, th.a Andrew Johnson had his plans
laid for superseling Gov. Brownlow, by the ap
pointment of OurcXn Grc. lir-cr, as Military Gover
nor, so soon as thu constitutional amendments were
defeated. Part of the plot was to ue Judje Fra.kr's
decision against the House, a case in which the pll
cnt Judge had no jurisdiction whatever. Let him
appoint a Military Governor, if ho dare. His im
peachment in Congress will follow his usurpation,
and a disgraceful expulsion will follow. His hatred
of the Legislature grows out of the fact that neither
branch will endorse hiiuvr his Insane rebel pulley.
His hatred t,f the Governor grows out of the fact
that he cannot use him to promote bis selfish ambi
tion and corrupt purpose of restoring rebels. J and
destroying the Union. We rep-aU let him super
Cede it he dare, :.nd tike the consequences. Let
him rant and rave, he c:.n I inli iiilate L'niou ineu
in or out of Trnrsee. He bas no party, he has no
strength, and he commands only the respect of rebels
and rebel sympathizers.
Decision of a Rebel Judge.
One Frazier, Judge of the Criminal Court of
Nashville, an appointee of Andrew Johnson while
Military Governor, has recently gained notoriety
ny the most remarkable and stupid decision ever
emanating from a judicial officer in Tennessee. The
Superintendent and Sergeant-at-Arms of the Ten
nessee Houe of Representatives, Capt. Wm. Heydt,
gallant patriot who bas been fivo times wounded
in fighting under the Federal flag, was summoned
to appear belore this treacherous and shallow
brained Frazier to "show cause" why he held cer
tain Legislative bolters and disorganizes under ar
rtt. The House, by resolution, directed Captaia
Heydt to make return to the writthathe was a duly
authorized officer of that body, and was simply
obeying its orders given through the Speaker. Capt.
Heydt wag ordered to bring before his Honor (?) a
raitor from Carter county, by the name of Wil
liams, a prisoner in custody of tho Captain, whoat-
i tempted by rebellion to break up the Legislature.
j This, under a resolution of the House, he rospectful
i i v refused to do. Captain H. acted simply as the
Agent of the Representative branch of our Gen
r.il Assembly, whose orders he is sworn toobey It
i- not clamie'l th-it he did mora than his orders re
quired and justified. He is not, therefore, amenab'e
to Judge Frazier or any other Judge in Tennessee.
Through Captain H. the Legislature is summoned
nefore a "one-horse" court to answer for its pun
ishment of rtfractory and treasonable members
Such impudence is unparalleled. The Legislature
makes Courts and Judges, and this arrest of its of
ficer is the very climax of treason and stupidity.
Our heroic and patriotic Legislators will not be
swerved from their duty by this unjustifiable arrest.
The examination or trial was to have taken place
yesterday, and will certainly attract great attention
from its exceeding novelty, to say nothing of its in
comparable stupidity and treason to the State gov
ernment. Since the above was written we learn that Judge
Frazier has granted an application for a writ of
Juxbeas corpus for Williams. We trust our Legisla
tors will treat it with contempt. If they do not they
are unworthy tho high positions they occupy.
Katber than sec the laws trampled upon in the
interest of traitors, wo would see our beautiful State
converted into a vast battle-field.
Let the friends of the Federal and State Govern
ment in Tennessee mark yestorday the 19th of
July with a white mark in the calendar. After a
hard-fought and sometimes an almost desperate bat
tle, the friends of freedom and justice have signally
triumphed, and their banners are gilded with the
sunlight of a victory which shall never fade away.
All honor to the courageous, persevering, indomi
table, incorruptible Unionists of the Tennessee Leg
islature, whom neither thermenaces of a rebel mob,
nor the blandishments and bribes of an apostate
Fresident could frighten or seduce from the shinin g
path of heaven-appointed duty. No warrior on the
battle-field ever won a grander triumph than this
sublime moral victory, which has been snatched as
it were from the very jaws of destruction.
On yesterday morning was a stirring, bristling and
exciting one. There was not a moment's lull in the
proceedings. A previous conference had fully post-
. eu lue iiieaiua oi buo aiuouuuicub aj buau euuiso
J ' f . : i .i i . .. : . l. : -
ni , ' oi action, alio, mey Kept up n tuuuuuuui uiuou lueii
auveisaiJes. XUG lull no taiicu auu j&c ax-xuun
members answered. Mr. Arnell said that there were
two others in one of the committee rooms, who made
up tho usual ouorum. There was a murmuring col
loquy between Garner, of Lawrence, and Smith, of
Hardeman, as to wnetner tne two memoers under
arrest could be counted. Mr. Garner said no one
was a warmer friend of the amendment than him
self. It ought to be passed, and he would sustain it
to the extremity if necessary, but he wanted to pass
Mr. Arnell rose to a point of order. There was
certainly a quorum in tne House. In a technical
sense the two members in arrest in the committee
room (Martin and Williams) were on the floor of
The Speaker asked the doorkeeper to invite the
two members to tneir seats, no couiu not recognize
them as on the floor while they were in the commit
Mr. Moss asked if they would be competent mem
bers, even if they were brought into the hall, while
under urrcst, and Mr. Baker suggested as a peace
onerinii that tbey be released trom arrest.
Mr. Mullins moved that they be invited to take
their seats in the hall.
Mr. Stesald called for tho ayes and noes.
Mr. Moss said if they were invited as qualified
members he would vote aye, otnerwise, no.
A GOOD OMEN,
At this juncture of affairs was heard in tho heavens,
for a loud roll of thunder sounded to the right of
the btato House, from a maemncent bank of clouds
piled up almost to the zenith. We inwardly vowed
a sacrifice to Jupiter Tonans, and a native wreath
for the eagle which stands over the Speakers chair,
if the event should agree with tho auspicious voice
from the sky.
Mr. Moss was perplexed. He didn't know whether
to vote aye or no, and the good bamaritan of Har
deman, who always carries wine and oil for the af
flicted, benevolently suireested that he be permitted
to vote no, just to facilitate business I The motion
was spontaneously carried, and a well denned nega
live was thereupon taken for Mr. Moss in the camera
of tne House ot liepresentatives.
Mr. Fuson suggested that according to the rules
of grammar, Mr. Moss had voted aye, inasmuch as
he tmd voted no twice, and two negatives made an
Mr. Msilorv said t'ae vote could bo taken cither
way, like th hunter's shot which was to miss of its
aim if it was a calf, and hit if it should happen to
be a deer.
wos't come is.
Doorkeeper Hill returned from Committee Koom
ro. 3, in v.hich sat tho contumacious memoers
Martin and Williams and reported to the Speaker
that they positively refused to come out or come in
except for an investigation of charges against them
The House must first give its parole of honor that
it had no unlawful designs upon their political vir
Mr. Raulston moved that they be compelled to
come in. It was not necessary to tell these members
what the House wanted with them. We were not
here to hire them to take their seats. It was thei
duty to come in, and if they refuse, it is our duty to
. .1 - . . I J l . 1 " L. .
nnng tnem in. .-igam u tuuuaereu on ine rigut,
und the elements above clapped applause to Mr,
Mr. Malloy made join e remarks to the same pur
port. - .
The Speaker pleasantly responded that no apology
was necessary at all. It would give him no offense
if he was not sustained. The result was for the ap
peal 42, against it 11, the Speaker not voting, and
the two contumacious members refusing to re pond.
So the appeal was sustained, and the House decided
that there was a quorum present. The Speaker
then asked, Shall the main question now be put?
Result: Ayes, 39, Noes, 15. Present and not voting,
Martin and Williams.
THE LAST ACT.
The scene on the floor of the House was one of
unwonted interest. The Senators were present al
most en masse, anxiously awaiting the action or ine
House on the amendment, which they had ratified
so triumphantly a few days previous. A number of
prominent citizens, tried and faithful, were aiso m
attendance, almost as anxious to see the triumph of
the Congressional amendment over the President's
atrocious conspiracy as they were to see Hood s le
gions repulsed from Nashville by"f he gallant Thomas
and his invincible army. (God bless them forever
and ever !) Ah, who can tell how deeply these no
ble citizens telt. lhey bad been watching the pro
gress of the struggle between patriotism on one side
and treason and Presidential corruption on the other
for weeks, and within the paEt few days threats of
violence and menaces from the lips of unrepentant
rebels had been made in secret caucuses and in bar
rooms. Had not an infamous attempt been mado
the day previous' to drag the Legislature before a
court to answer certain charges? Had not its duly
authorized Sergcant-at-Arms been chased by a war
rant and ordered to answer for his conduct as an of
ficer of the House of Representatives ? Had they
not heard curses muttered against General Thomas,
and threats made that Governor Browniow's head
would soon come off, and the Legislature expelled
from the State House? No wonder that Union
men who had witnessed and heard these things for
weeks past listened with breathless attention as the
clerk read the amendment for the last time, and the
main question was put, Shall the resolution pass ?
The clerk called the roll. Jarvis complained
loudly that it was forced upon the people, and voted
no, with a promise of a protest. .
The clerk, by instruction, called the names of
Messrs. Martin and Williams a second time loudly,
but they remained as dumb as if the extreme low
temperature of Number 3, where blankets are re
quired in July, had frozen their voices as solidly a3
the notes of Baron Munchausen's bugle. Who knows
but that on some future day when Captain Heydt
builds a rousing fire in Number 3, that its walls may
be astonished with the explosion of two negative
votes? A committee on acoustics may be appoint
ed by some future House to explain the phenome
non. What if the two negatices should be counted as
Mr. Arnell asked that the journal show that two
members were present and not voting, and then
asked the Speaker to decide if a quorum was pres
ent. The chair decided that there was not, where
upon Mr. Arnell appealed to the House, and the
appeal was sustained by 42 to 11. The Speaker then
announced the ratification of the Constitutional
Amendment passed by the lederal Congress, ine
announcement was welcomed with prolonged and
enthusiastic clapping of hands and congratulations;
members lelt their seats and went arouna snaKing
hands, rejoicing heartily over their most happy deliverance.
Tilt PREVIOUS QUESTION CALLED.
Mr. Mullins moved the previous question on th
adoption of the Constitutional amendment. Ih
shot brought several members to their feet on the
President's side, who saw a storm coming, and sought
clothing You are the party ol l iuropc in to m.peuc us progress oy no.su . g uie.r wau
America, von are striving to Luropeanize
our Republic. You are secretly working to
build up an aristocracy of wealth, power and
privilege in our country. You are in favor
of taking the ballot from the poor white
man, rather than extending it to all citizens.
Then let Europe praise and endorse John
son and the Conservatives. Gog and Ma
X. B. In writing of Conservatives, the
late Copperhead. 3IcClellau party is meant.
Tho views, feelings, motives, and purposes
of those rebels south of Mason and Dixon's
line arc too plain for argument, and they, in
the above article, are therefore not classed
with their fellow rebels north of the line.
It is not for a moment supposed that the
southern rebels will deny a single word in
the above communication. If any bodT
doubts that the South is in favor of Europe,
wait till the next war, or read their new
slave codes, or attend a meeting of the John
son Club or go to Philadelphia on the 14th
of next August !
NoiiLE Words. The Fenians of Chicago, for
merly pro-slavery Democrats, say in some recent
" It would be arrant impudence in us to appeal
to the world in behalf of our own country
men in their native land, while by our votes, ar.d
speeches, and our influence, we insist that any por-
tion ol tnis country snau oe uemcu mo iiucnj ov.
A GoOL AM. SfFKHiEST l'.E AgOX. The two
deputy Scr-eanti sent to Jackson afir Brown, of j equality which we demand for ourselves, for our
Madron, returned to Nashville, and reported that country, ana ior our ainureu.
he could not be found. His brother, Milton Brown, Well spoken !
. . v ilm llit the Pri'lent iliil mt unl cu. l, i
humbu-ery carried or, was opposed to Brownlo, The r.bel organs deny that it is legal for the j Captain Stacey, proprietor of the Stacey House, that
ire to arrest its contumacious members. Lo ; ueim , - j
tionul umbrellas and legal parasols".
ENDURANCE OK COLD.
The door of Committee ivoom .Number o was
opened, and the arrested members would ever and
anon peer out tneir nenus and draw suddenly uacK
In spite of the cill for blankets on yesterday, one
of the contumacious bad on a linen duster, ana tn
other Was walking about in his shirt 6leeves. Habit
enables one to endure an extraordinary degree of cold
and to' become, like the Roman youth, patiens Jr:yo
The Speaker entreated Mr. Mullins not to ins is
on his motion. He hoped the recusant members
would again bo asked to take their seats
Mr. Arnell said the House already had official in
formation that tho two arrested members were on
the floor of the House by the report of the door
Tho reading of the resolution of ratification as
passe bv the Senate was called for,
Mr. Mullins again moved the previous question
on the udoption ot tne senate resolution.
Mr. Jarvis insisted that he had the floor and meant
to hold it. Hi was not going to sec the rights of the
people ot the great State ol Tennessee thus ruthless
ly trodden upon.
" Mr. Mullins insisted.
Mr Jarvis persisted.
The Speaker said he was profoundly sorry to do
any member wrong, but he aid not recognize Jl
Jarvis as holding the floor.
Mr. Arnell rose to a point of order; this whole
discussion was out of order,
Mr. Jarvis appealed from the decision of the
Speaker and claimed the noor
The Speaker said he was exceedingly glad of it.
and put the appeal to tho House, which sustained
the Speaker by a vote of 37 ayes to 16 noe?, the
Speaker not voting, and the two contumacious mem
bers domiciled in the Arctic Circle Number 3 posi
tivelv relusing to say aye or no.
Mr. Arnell said that Mr. Martin was then pres
ent, but refusing to vote, wnereupon Mr. Jkiartin in
dignantly responed tnat ne wasn t present at all.
The House looked as incredulous as doubting
Thomas, as they glanced towards the Martin-box
and beheld the "wery identical individual" who
had denied the doctrine of tho " real presence."
THE MOUNTAIN MOVES TO MAHOMET.
Several me mbers hereupon arose to their feet and
Hi-Lted that the two members be brought in in
stantly. As the members wouldn't come to Door
keeper Hill, the obliging doork eeper again went to
the obstinate members, who, with a good deal of
vehemence, vowed that they wouldn't come in. The
doorkeeper was treated with coolness, and seemed to
shiver as he again withdrew from the frigid atmos
phere of Number 3.
Mr. Raulston said that if the doorkeeper couldn't
briog them in, he should have a posse to help him.
VOICE 01" THK GOOD SHEPHERD.
Mr. Shepherd said that he saw no necessity for
dragging the recusant members into their seat3.
They were present every whit as much as
if they were sitting in their chairs. The whole
House knew it, for tbey were plainly visible through
their open door. They ought to be counted just
where tbey are.
Mr. Shepherd's remarks were received with gen
Mr. Arnell said let them be marked by the clerk
on the journal as present and not voting.
The Speaker said he would so direct the Clerk,
me to account for personally denouncing them, they ! but he was compelled to decide that there was not a
now attempt to whistle up their braverv by adding 1 quorum in tne nouse. Ll it was desired, an appeal
The Nashville Banner of July the 18th says : 'Tn
revised copy of the remarks made by Judge Houk
at the capitol, published in tho Press and Times of
yesterday, an insolent personal assault is made upon
the editors of this pi per. We have, in accordance
with tho invitation of the speaker, sought for him
and failed to find him." Now, if it is intended by
these lying and traitorous 'jditors to convey the idea
that my remarks at the capitol were not as offen
sive as delivered, as they appear in a recised copy
published in the Press and Times, I beg leave to ap
peal for proof to the thousands who were there, if
they were not more offensive as they fell from my
lips than the recised copy comports?
It was not desirable to encumber the columns uf
the Press and Time vith the technical denuncia
tions which I defiantly bin-led again&i tfww political
Lepers. I was much -mors ofibisivo in try oral thaa
in my published remarks. What I hi'.s here said
refers to the first sentence quoted from this " insti
tution of ill-fame," known as the Republican Ban
ner. The succeeding sentence explains why this
false impression is sought to be made. These low
fiung, cowardly and unconscionable editors, whose
livers are as white in comparison with courage as
the blue dinge of the smoky range on onr South
ern border is compared to the snow-clad Alps, de
clare that, "We have, in accordance with the invi
tation of the speaker, sought for him but failed to
find him." So you see, gentle reader, I denounced
these dirty wretches on Wednesday evening, and
remained ht the place where I notified them I could
be found until the Saturday morning following, and
their cowardice having overcome their courage, and
having faifcd to develop their chivalry by calling
The President's Rebellion In the Leg
islature Duty of that Body.
The officer deputized by tho House to arrest the
fugitive members who contumaciously refused to
appear in their seats, sent two assistants on last
Thursday to Benton county to summon Dr. Mara
ble, representative of that county to return to the
Capitol. 1 he officers went armed with papers snow
ing their authority to arrest the delinquent and
contumacious member. On arriving at Dr. Mara-
ble's house, they were told that he had gone to a
place called Camden. The officers thereupon re
tired, but shortly afterward received information
rendering it strongly probable that tne nonoraoie
member wa3 concealed at home and determined to
avoid arrest. A relative of the delinquent was met
armed with a gun; whether for the purpose to make
a forcible resistance in case the officers should at
tempt to make an arrest must be left for the public
to conjecture. Benton county, it will be remem
bered, is the home of Dorsey B. Thomas, late a con
servative member of the House, an opponent of
Mr. Arnell s for Congress, and an ardent supporter
of Andrew Johnson's policy. Mr. Thomas recent
ly spent several days in this city in constant consul
tation with the leaders of the Johnson-Rebel-De
mocracy. That he has given Dr. Marable his in
structions, duly received from Washington, there is
abundant reason to believe. Ihus is tne dignity ot
tho House Insulted, its officers and messengers trea
ted with contempt and menaced, and its official
requisitions set at nought. How long does the
House intend to permit this mockery of its proceed
ings to go on while it is waiting for an increase of
its memoers, which the rresidentand nis teuow-con-spirators
in the Legislature have determined shall
never taac place t lnat body might as wen take
its seat upon the bank of tho Cumberland river,
and wait for the last drop to pass by in expectation
of crossing dry shod over its dusty bed. If fifty-
six members ever take their seats in tha House, by
mere waiting during the next six months, we shall
confess that we were deceived. Have not letter
been seen in the hands of Senators and Represen
tatives, which were written by the hangers on and
feeders of the secret service fund of the President ?
Did not a member from Andrew Johnson's own
district, say openly, on our street', that he came here
to break up thisd a. Legislature ana oy tf f
he had succeeded ! Our duty is plain. We must
flank the rebels and foil their leader, the President.
The public men of thi3 State know him of old as
an unscrupulous trickster and a dishonest partisan.
Andrew Johnson never hesitated a moment to vio
late his oath and trample upon tho laws to accom
plish the most trivial purpose, if it could be accom
plished in no other way. He bolted once in this
State, and broke up the Legislature, simply to de
feat the election of a United States Senator. He
has now advised bis followers to break up the Leg
islature, in order to defeat Governor Brownlow,
overthrow the Union partv. which supported him
from 1862 to 1864, and delivered the State up ii
rebel leaders, who carry his pardon m their pockets.
Unionists of the House, do you mean to be thus
circumvented and bullied by an apostate President,
who has succeeded Jefferson Davis in the command
of the ranks of rebellion, or have yu not rather
resolved to stand together and carry your point?
Let a movement bo made without further delay in
the asertion of your constitutional rights. The
President is plainly tampering with members of
your Dody to preveni mo transaction oi ptionc Busi
ness. This is a patent fact. The p-oof is clear,
manifold, and overwhelming. The men who have
been tamperod with and corrupted are known.
Others have been approached, and have, like pa
triots and honest men, spurned the tempter and his
bribes. We fervently trust that the corrupt auto
crat at Washington who, to his other titles, has ad
ded that of Corrupter of State Legislatures, will find
that he cannot use the General Assembly ol Ten
nessee a3 a parcel of puppets, to leap, jump, and
gyrate at his bidding. There is a great parliamen
tary common law, established by the custom and
precedent of Congress, which is abundantly strong
enough to relieve the House from the obstacles put
in its path by tho Presidents agents and tools.
Congress did not suffer the withdrawal of eleven
States to leave it without a quorum in 1861. There
are now in the House more than two-thirds of the
whole number of its duly elected members, not
counting vacancies. Let this two-thirds proceed
promptly to the discharge of the duty imposed upon
us. Aas'icUle I nss ana limes.
. Nine prisoners, in charge of the sheriff and
complement of guards left here yesterday on the
Cherokee for Nashville. Whether they were des
tined for tho penitentiary, or to assist the Bump
Legislature in forming a quorum we are not ad
vised. Mr. Editor .-The above is from the editorial
columns of the Kingston East Tennesseean, of the
IU object is manifest seeking to cast odium and
contempt upon the Executive and Legislative de
partments of our State. Or, suppose I am mista
ken as to the object of the editor, and for the sake
of his reputation as a man, it would be well bad as
the alternative would be then we have the editor
of a public journal present a large portion of the
Session of a Circuit Court, and sitting within 300
feet of his office. Nine prisoners are convicted and
sentenced for the crimes of robbery and larcenry,
who are started off under charge of the sheriff of the
county, and the editor 'us not advised'' whether their
destination is the State Legislature or the Peni
tentiary. To all this there is a definite sequel and an un
mistakable moral : namely, those who are opposed
to the organization and administration ef our State
Government, on a strictly loyal basis, on loyal prin
ciples and by loyal men, naturally and necessarily
look upon our Legislature and State, Peniten
tiary in one sense, as nearly the same thing to them;
that is, they are both their enemies one convicts
and the other confines and punishes them or their
friends. The devil is said never to speak favorably
or respectfully of the Church of Christ, and " a
criminal has a poor opinion of the law."
I wonder what special object the editor of the
East Tennesseean ha.3 for denouncing the Legisla
ture of his State as " a rump Legislature" and the
Executive as an unscrupulous demagogue and ty rant.
A re they acting disloyally ? Are they acting with
tho enemies of the State or General Government ?
The editor does not so charge. Then what does he
mean ? Is he truly loyal and unqualifiedly a friend
to the United States Government ? Then why his
peculiar language ? Does he speak his own senti
ments and for himself; or for somebody else?
Nino-tenths of the true loyal men of his county
disagree with him directly and positively ; and not
a single original rebel disagrees with or dissents
from him. Are our old time-honored maxims
worth anything in these latter days? Such as
"Straws show which way tha wind blows," "Birds
of a feather flock together," "A tree is known by
its fruit," and "A fountain by the stream of water
it sends forth." I believe they yet apply with strong
force ; and if ever a time has occurred when posi
tions were easily and certainly learned, this is the
time. The question i3 what we may call "an open
and shut one."
Those who merely profess friendship to the Gov
ernment of the United States, but by their words
and actions assault and seek to cripple and d estroy
it, will be no more successful in deceiving the true
men of the country than did the ass when he sought
to frighten the beasts of the forest by wearing a
lion's skin. A Radical.
DUTCHEB'S 1IQHTN1NQ FLY KILLER.
Mke quick work With Hh, oJlf commenced Mrly.kp,
the houM clear all fuminer.
Look out for Imitation.. Got Dutchrr's only. juljlm
ERRORS OP YOUTH.
A Gentleman who .offered for year from NerTou. Debility,
Prematura Decay, and all tho .fleet, of youthful indiKretlon',
will for the ak. of sofTerlut; humanity, .end free to all who
Deed it, the recipe and direction, fur making the .impln reme
dy by which he wa. cured. Sufferer, wishing to prollt by the
advertiaer'i eiptienci-, cau do to by J'lrenm, in perfect
confidence. JOHN B. i;DE-,
janeO-m-' S. 1) OiamlK-rn street. New York.
COLGATE'S IIOXEY SOAP.
This celebrated toilet Soap, in nch nnircr.il demand,
is made from the rhoicett initcria!, ij mild and
emollient in in nature, fragrantly rcnted,
nd extremely beneficial in its actien upeu tti- akin.
tor sale by all Druggists and Fancy Goods Dealer. ftbil-ly
On the 12th iast..by Bt. S. H. Smith, at t'uo r-si.icnce of
K Hne, Esq.. Mr. FKID. W . WALKER aal Mis. sliAS
HATS 9, all of this city.
On the 12th inst., at the r--si'U'nre of tlie bride's father, in
Morristown Tenn., by the Ke. Wm. U. Hnw.-ll. Mr. II. p.
DAILY, and Mise SARAH E. IIVFFMA3TER. all of Moms
town, Jefferson county, Tenn.
T. I. VAX GILDER, of Tennessee,
MELIUS, CURIUEK A CO.,
Manufacturers ef and Dealers in
BOOTS and SHOES,
38 Warren Street, New York.
A LL PEIiSOXS HAVING CLAIMS
:X a-ainst the cstato of W m. 9. Hall, drcrax-d. lato a riti
sen of Kaox county. Tnn., arc hereby notified to nl tnem
properly authenticated, with the Clf rk of tu County Court,
on or before the 13th dav of October, or the sains will be
forerer barred both in law anj equity, t!. iti.lTency of sa.J
estate haTing been suggested to the County I'cnrt ot said conn-
y. W ?5t ,S';':- t, wv.nnrx .imv
NOTICE OF INSOLVENCY.
THE INSOLVENCY OF THE Es-
-1 TATE of Wm. Brown having been properly nn-setrd to
ho County Court of th. county of Anderson : It was ordered
by the court that all creditors of -aid t.tt' nio tueir ciaini'.
utlientuatcil. in ttie manner priscru'eu --i-l.-rk
nf th CountT Court f-T the county of Auderson. on or
before the lt -Monday ot December, l.-' l-. that th. y may re
ceive their pro rata of said estate, tin uay juij,
T. 11. . 1 ' V
New York, July 19. There were 3'20 deaths
yesterday from all causes. Total sunstrokes this
summer 258, of which 133 were fatal.
The Rope Factory of Lawrence & Sons, at Wil
liamsburg, was struck by lightning. Four boilers
exploded two of which were driven through a
b rick wall to a distance of six hundred feet, destroy
ing several trees ; and the other two passed through
a brick stable and fell some distance off. One man
The Fresbyteriau Church iu Brooklyn, and St.
John's Chapel and St. Theresa's Church in this city,
were strucs and slightly damaged. A ship was
also struck, and two men on board killed. Twelve
unfinished houses were destroyed by lightning and
The latest ilexiean advices report Tauipieo and
Tuxpan taken by the Liberals. Gen. Comoried de
serted the Imperialists and surrendered the former
city. Ibe relations ef Maximilian and Marthal
Bazine are said to be friendly.
Uotton strong, 3t(r38. bales ot yesterday were
3,000 bales. Gold! 50. Sterling 9 for sixty days
iNEW York, July 20. Deatn is making fearful
havoc. There were seven hundred and twenty deaths
from Sunday to Wednesday inclusive. It is believed
there are cholera cases in private families that are
not reported. Ine iJoard of Health has established
a quarantine of five days upon all vessels arriving,
even those with clear bills ot health will be quaran
tincd three days.
New York, July 22. Fourteen caes of cholera
were reported lor twenty-four hours, ending Jasi
evening, ine disease is on the increase.
Foreign adviens report cholera raging at Stettid
Prussia, on tne i ith. There were 148 cases in Jtser
lin, 70 fatal.
From the Nashville Press and Times.
RATIFICATION OF TIIE COXSTITU-
TI0AL AMENDMENT BY TIIE
-18 Ayes to 13 Nays.
Glorious Triumph of the Unionists.
Disgraceful Defeat of the Johnson Dis
GOVERNOR BROWNLOW S CO.MTLLMENTS
shameless lici. I now ttate. upon
Nashville, Tenn., July 19,
jr miaiuous aua i . , . , IT , ... . ii u uuc, i
, with great p lea-ure. He decided that the two mem- '
the authority of ; hers rrP,aer)t in the committee room were not on the Hon. Ldusin M. Stanton, Secretary of Har, Hath-
The Unionists achieved a brilliant and honorable
victory in the House of Representatives yesterday
morning at 11 o'clock. The Constitutional Amend
ment was ratified by vote of 43 to 13, two of the Presi
dent's frienda refusing to answer to their names in
order to baffle the Unionists. The trick failed utterly,
however, and the Journal of the House shows a full
quorum on the final vote.-
Ayes Messrs. Anderson, Arnell, Baker, Black
man, Donaldson, Doughty, Elliott, Fuson, Garner,
Gilmer, Grimmett, Hudson, Hale, Inman, Jones of
Claiborne, Kerchival, Mason, McXair, Morris, Mul
lins, Mulloy, Murphy, Norman, Nunn, Patton,
Porter of Wayne, Puckett, Raulston, Richards,
Rogers, Shepherd, Sinclair, Smith, of Hardeman,
Smith of Obion, Snodderly, Thornburg, Underwood,
Waters, Walker, Welsh, Wines, Woodcock, Woods.
Noes Clingan, Coward, Grove, Jarvis, Melton,
Moss, Overstreet, Shultz, Stegaldf Warren, Speaker
President and refusing to vote Martin, Wil
The struggle has been severe and protracted, but
the friends of the State and Federal Government
have whipped their foes fairly at every point. The
result was announced amid prolonged and enthusi
astic clapping of hands and general exultation.
The rebels and disorganizes are completely foiled
in spite of all the help which they received from
The loyal men of Tennessee by this vote repudi
ate the President who has so basely betrayed them.
MESSAGE TO THE PRESIDENT.
CIRCUIT COURT RUTLEDGE.
conJ Judicial Circuit, Graiugrr County, Tcnuesse--.
A. T. Brooks ts. William ?1. UijJ. et N.
tt aiteaklm; fkom
AVIT of the plaintiff in this cause that the defendant,
Rice Ore, so absconds or conceals nimeii iiv.n ine oruinary
process of law cannot be served upon bin: It is uriierea vy
the court that publication bo made for four successive weeks
in Brownlow s Whig, notifying said def.-ndant to appear at
the next term of the Circuit Court at Kuttedge. on the 4th
Monday of Angnst, l -0, to plead, answer, or demur to the
demand of the plaintiff, or the anie will If taken lor confessed
and the cause proceeded witnex parte.
July r, IS'. ptoil luv-a.i'
ITOH! ITOH! ITCH !
SCRATCH! SCRATCH! SCRATCH!
Will Cure the Itch in 48 Hours.
Also cures !?ALT RHEUM, ULCERS, CHILBLAINS, and
all ERUPTIONS OF THE SKIN". Price 50 cents. For sale
by all druggists. Bv sending M cents to WEEKS & POT
TER, Sole Agents, 1T0 Washington street, Boston, it will be
forwarded by mail, free of postage, to any part of the United
ARE yon sick, feeble and com
plaining ? Ara you out of order
with your system deranged and
jour Ming uncomfortable? Thiae
lymptoms are often the preclude to
erious illu'-s. Some lit of sickness
s creeping upon you, and should be
Verted by a tiui-dy use of the right
emedy. Take Ayer'e Pills, and
leause cut th disordered humors
puri'y the Hood, and let the fluids move on uuebstruct .d
in health ngaiu. They stimulate the functions of the body
into vigorous activity, purify the r-ysteiu from obstructions
which niako disea-e. A cold settles somewhere iu the body
and deranges its natural functions. The if not relieved, re
act npon themselves and tho surrounding organs, producing
zeueral airirravation. suffcriui! and derangement. While in
this condition, take Ayer's Pills, and -ce how directly they
restore tho natural action uf the system, and with it the buoy
ant feeliug of health again. What is true and so apparent in
this trivial and common complaint is also tuie ill many of the
deep seated and daugerous ditemper. The same purgative
effect espcls them. Caused by similar obstructions and la
raagemeut' of the natural functions of the body, they are
rapidly and many of them suroly cured by the same means.
None who know the vii turc of these Pills will uegb-ct to em
ploy them when suffering from the disorders they cure, such
as Headache, Foul Stomach, Dysentery, Bilious Complaints,
Indigestion, Derangement of the Liver. Cottivene-s, Consti
pation, Heartburn, Kheumatism, Dropsy, Worms and Sup
predion, when taken in large doses.
They are Sugar Coated, so that the most sensitive can take
thetu easily, and they are surely the b-t purgative medicine
AYER'S AGUE CURE,
t or the Speedy and Certain Cure of I li
ter mi tttut lever, or thill and lever.
11 emit tent fevers thill 1 ever, Dumb Ague.
Periodical Headache or Billiou Head
ache, and Hilliou. lever; indeed, for
the whole class o I diseases originating in
biliary derangement, caused by the ma
laria of miasmatic Countries.
This remedy has rarely failed to core the severest ca-- of
Chills and Fever, uni it has this great advantage over other
Ague meliciucs, that it subdues the complaint without injury
to tho patient. It contains no iuiuine or other deleterious
substance, nor does It produce ijuinism or any injurious effect
whatever. Shaking brothers of the army ami the west, try it
and you will endorse these assertions.
Prepared by J. C. AYEU X CO., Lowell, Mass., and sold by
Druggists and Dealers everywhere, inKnoxviile, at wholesale
and retail by E. J. SANFOKD CO. julyll-l'in
&nd that e would not ail in such work if he wers Legislature 1
additional falsehood to their former infamous and , , ,,. " P' " .a.ww,0m.
fl. rf Itia RMiso- tha nniutiAi, ia Will thn TToilSO inoton. D. C.
sustain the chair? ' My compliments to "the President. We have car
found. This is a good reason for bolting, and all
such no doubt get their pay, either in money or of
fice ! What a patriotic rrty
these organs believe that it was legal for Congress
to vote men and money to put down the " hell-born
and hell-bound rebellion ?"
connected with the Banner, ever called for me, or
sought to find me, as I challenged them to do in my
ppeoch at the capitol. I was often at my room, No.
When Mr. Elliott's name was called ho said that
with all deference to the Speaker, he muft vote no,
as he conceived that the two members were certain
ly on the floor of the House.
i ried the Constitutional Amendment in the House.
Vote 43 to 11, two of his tools refusing to vote.
W. G. Brownlow,
Governor of Tennessee.
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Decision of the Snpreme Court.
Jldoes Sam Milligax, James C. Shackelford,
AX D ALVIN HAWKINS.
Thomas U. Caldwell, Attorney General and Re
BROWS, et al, vs. BIBB, et al
Ti,.wni.,r .rr.ir is rerosernted to rev.-p-o the judgment in
two actions instituted by Philemon Bibb. Sarah U Ander
son and Susan 0. Webb, on the &th of April. ISeD the un
acaiust Josiah G. Brown, and the other against Ellen D.
. . ... ..... H-.l. Ka i m .1 i I i t .,,1.
Hough, ineiormoi oom acnoun nuui aD .uu.....i..
assumpsit and quantum valebant counts the former for the
price of a lare Eliza Jaue, averred to have been sold and de
livered to Brown, and the latter for the price of a slave Littea.
alleged to"have been sold and delivered to Ellen D. Hongh-
rhe proof does not show an artHalsule, bnt it is claimed th.
suits arc maintained upon the principle decided by tlio court
in Alsbrook vs. Hathaway, executor, o snce.i, i. , nam. i.
that where the property ot anotner is ta.eu aui
the tort may be waived and au action of debt supported for it
value. The actions being consolidated wen- heard l y the
Circuit Court npon an agreed case, from wim h the following
facts appeared : In February, ll'i, John Bibb, a citio and
resident of Virginia, died intestate, lening his widow, Susan
nah Bibb, and three children, who are tiie dei.ud.tnts in .rrvr,
Ithe said rhilemon W. then being ten years ofage, Sarah U. I
and Susan C. three years of age.l his only heirs and distribu
tees, and all of whiah resided in Virginia. At bis death the
said John Bibb was the owner (anion other slav.-M of the ue
eru named Lettic, and a negro girl nain-d Ann. No adminis
tration was ever had upon his estate in v lrginia or isewueri.
and there was never an allotment ot now- r to ini now. tim
er of land cr slaves. Iu November, IM.. the widow witn ner
three children above named, remove'.! irora irginia 10 Ken
tucky, carrying with theni the nezrocs Lettie and Ann. lit
ls:S; the widow soltl in KeuiucKy tue nepro i.eme i jou j.-t- ii
H. Hongh, of Nashville, Tenue-see, by bill of sale which a
duly registered, conveying to him th- enure st.ive absolutely,
and laid Hough thereupon carried said ne-r to Nashville
with him, where she is at present, and claimed her adversely
to everybody np to his death, iwhich was iu 1M1.I an 1 by h.
will bequeathed said negro to th" plaintiff in error, Lll.-n l
Hough, who in like manner, has held and claimed h.-r ev i
sine, adversely. In April, 155, the widow sol I in Tenin-a e,
by bill of sale, which was duly registered, tho u-gro tliz;-.
Jane, child of nejrro women Ann, to the other plaint iff in er
ror, Joseph G. Brown, conveying the eu'i.e lao absolutely,
and' he has held adversely to everybo ly sinco. The sales ti
said Hough and Brown (as to th.-ni.) were made bona nde.aud
for a valuable consideration, and without kuob ilg" nn liv ii
part of the claim or inter-nt of def.-ndxnts in -rror.
In lj-4 the said Sarah H. married Thomas Andersou, w j,,.
died in 140, leaving her his widow, ami she has remain-.-'', u
married np to this time. Iu lS-U thu said Susan '. murritj
Calvin W. Webl, the latter of whom died Just befcv toe jn.
stitution of these suits. In 1&, about the Inst of ,,riOI n,"
first of May) th- widow, Susannah Uibb. depart', u jf(, jn
The Circuit Judc was of opinion tuat t!l lUim t,f lhe
plaintiffs below, as to the two-thirds ol tho Ti,1(, of ?Uvf f
in controversy, was barred by the star ut) of imi,atjous .
bnt as to the remaining one-third un wajcu le n,.J(1 thQ wiJow'
bad a life estatel, they were entitle.! to recover. Kroru the
judgment given in pursuance ot this opinion, th-- d' f nd.mts
below appealed to this court.
By the law of Virginia, in 11 and always as common
law, upon a decedent s death, the leiral till" to his p'-rnal s
tate, (and slaves have been personalty there sin. t 17VJ) de
volved upon hi. execntor or admini-tratT in trnt ; fust, to
pay his debt", and afterward to distribute to legatees and dis
tributees. If tho decedent died iiitst.iut. the legal title is in
abeyance until an administrator is appointed, and no one, not
even a d'stiit'Utee, c?a rightfully lake pos-s-i"n oi the
The widow is one of the distriout- rs of an iute-tate, takin -,
alter the payment of debts, one-third of the sirp!u, when
there are children, but she shall have no more lhau the use for
her life of such slaves as shall be in h-r -har. and this has
been the provisions of the Virginia law since 170J. Ht r share
in the slaves wLether designated by the term dower or othei
phrase partakes.of th. juature of p-r-on.ilty, and :j to ad
ministered and distributed np .n principle apidi--;it-!e to tha,
species of cstat". No particular allotment of ih? widow1,
share of the personally s'ms requisite as iu c.i?e o! d'-wer. -She
cannot, indeed, rightfully a;ir-i it without the as
sent of the personal representatives f d' cul nt, that s5eno
may be proved by implication, as t !1 : Ii.- . tly. and if it be
nmeisonably withh' ld, the r.-veraa ' the wi-b-w. like that
any other distributees, is to a court i equity.
Kc ping in view the forgoing i rinciples ' l'i.iu sai Ii
knowledge as we Lav. be-n able : oM;un we believe to b a
correct statement of th'j iixiuialav. , vr upprehrnd that the
completion of the pr'S-ut ca- is dr" rmlin -d by the c mm. n
The widow, having no right Ij th. p..t.s,,, u th- p.vi.
(over her one-third part) in tho absent e of any grant of ad
ministration was, we take it, sii xccufiw i to, t; and he -alienees
wonid be pia!lv wrong-dti s and in no better rond.
tion. Bat, having the posses-.ou. they can hold it against an
person save a creditor or administrator oi tiie decedent lsjiuir
able to tne nrst e.s an executor tir va and to tne second
because he is the representative of tlie denasc-l, upon whom
the law basis his right to the persona! e?tat to be held by
him for the payment of ri- Id-, and for distribution among th
net kin of the iutrstat". The defendants iu error, as distribu
te", stand in neither of the-e relations, and, therefore, oanrv '
sueforthe personal property of tiie iiit"siate, nor d nian'
nistrinuiion oi i: iioih uuy i" isou se i:io .i.uiuuisiraio j. (
his estaf. and Ik- ha- uev-r ben appoiuted. This rule a ppiKll
alike to suits at 1 iw and in equity, as no com t through jQ
strnuieuuhty, can allow partus to r".:,.ver property when
they would thems Ives th' ieby bacon:" ex-. utois tli , lr, .t
which implies a wrongful inteifcn.ui e with the pr,-,rty Df tn,'
intestate. Thurmati vs. heltoa, 1') Yer. ."; Goodo v.
Goode, i Marph . oJS ; Humphreys v,. Uniupurv?, Spar!
Williams, ol . W' do not perceive djw the i.ro; ci thi, com
mon law rule, (aud which prevails eqUfliy in T rines.r kn.
Virginia.! is, iu this cas, obhtet by o.ir a. t 1.7. , h. U.
This court in the construction cf this statute, has hf Id that
since its passage shuts in Tenue-e do not likecilier p"rsoual
estate, vest in the personal representative, but descend to th'
distributes like lands to the heir, snt iect to :u claim oicred
ltors. But at the cemmon law neither l-n-.i.n m,r '.-,'i -shaft.
acqnlre any property in the goods oi the decea-. d until the as
sent of the executor or administrator is ivn. Tiiey enly
have an inchoate riirht to the surplus, aft-r tiie. payment of
the debts. It is only a right of a tion. t'i-pn pertv still re
maining in executor or administrator. Sn-ed au l wifo t
Hooper and wife. Cooks Kep. .'J -J'-t. If a legatee
posse-sion of the thing devised or the distribut'; 1 nis di-.-.Tibu
tiro share, without the assent of the ex.-cif r or adniiiiist ra -tor,
as the case may be, the latter tua bar- an a tt-n cf trs
pass against him. Z Bac. Ab., This was the l.1v of both;
Virginia and Tennessee at the tinio of thu dvedm s death,
and is yt so, except in the latler Mat", as t. .hare?, uior-- than
thirteen years after the intestate's death the ril- n. t chang
ed by the above statute anterior to w hi h it was h-Id bv our
predicessors, that an executor or aduiimtsi ator might sell, gi'.
away, ordispose of as he thought proper the siave ,,f tim ,,,
cedents.il there be nocollision, Coji. -j . As before; stai.M.
the residence of the dec-dcut and ins di-t: lout-:-, s weil a-
the slaves, not in iiginia at b:.s d ai h ii-n the rights .-i
parties become hxed and wo do not supoos'- t'lat this r,..t oi
Assembly was intended to haveaDy application to a a-,e Ilk"
the present. It does not so purport ; and witlio at discussiu
the power of the Legislature to have given this act a retrover
tive effect n-.-'in the facts before ns, ur to l-islat. tonchin"
property and persons abroad as were there. ,t is -ufhci. nt to
say that it b-ars no such construct!, n. Dasli h. aiifcl et b
7 Johns., ITS, Smith v s. Brady, 7 Y-r. t(7i o.
It may be that it i-uow too late to ol.taiu a grant of al
istration, ithe intestate having been dead over thirty years. y
o as to afford the parties a remedy, if, indeed, therd could be
any after such delay, but to this we cauuot look. A. ts 1K..1
chapter 24, section J, 1 .V chanter ;. s. tiou :i Code ..,;..,.'
2,--20 1 Hill's, ch. rep. 37o 02.
II it appeared that administration had r -u granted on tin-
estate, or upon search that no evidence of the raut te found,
or th. record was silent as to the fact, and as to whetiie th
widow's share had been aasigund her, then her long continued
possession, after a reasonable time for the payment of debt
and her uso of the slave, as her own, might, perha" , nn l.V
IUO ORUU151.U..1-. ui mi, Cl , jua.liy mo supposition she held
them as latrib-lert for her life, the reversion Win; in her eh. I.
dren to be enjoyed at h. r death. Administration and tii" as
assent of the personal representatives to the poese-si.-u "f tiie
Idow, or wuatever el-e was requisite to iunk: her hnbl.n-
lawful might be pr'sumed. Riddlehoover, et al, vs. Kiuard, ad
ministrator, et al, 1 Hill's, ch. . 37-i. But here it i. r
stated iit thf. agreed case that no a-iaiUittrHt-.o vvji '.f.r t, d
th".t the icvloiQ s pari had Heerr hern allot'.' i- thus d-strf-viu2
all room for presumption, and showing that tbo possession ef
tn. w wow coul 1 not, onginallv, have been otherw isc than as a
wrongdoer. It ie not stated that her possession was contin
ued from th. intestate s death, to th- sales before r- ite-1 but
perhaps this is fair'.y to be interred from the agreement of facts
nor is it shown that the children held po-session with her.
but were It reasonable to believe th' y rei e 1D the family un
til they came of aze. or married and then left, it is not" i-r.
ceived how this could aid th'-m. It would heim-ale to dii.
possesion ,0 oug continued as tho-eof the p'aintiRs in -and
that of their vendor, uni. s it w re shown lh.il " 1T'j"r'
here has only a fife mate -ubject to a reversion. ',e w,dow
not done. How are we to know that th" cla- , , eut tu,s '
cot been .xtinguished ? The long and ' 0' " I "as
and use of th prop-rty-with the s:)',Ke au j1 .P'sess,on
defendant, in error furnish evide0(e ,1 u'IlT" ".'
the other slave, and property of the estate-tbe t
the widow? What are tU-Unities between them i
If, on the other naud, there was r.v mui , .
.hare of a widow m the slaves, and her dower ia real esu
(and we think thert, U none.) stdl we understand the law , f
V irgima lu wa the common law.) to be that until her dower
was assigned her-shs had no title to the p.wsesiion of T. !
part of the land, and hence that her pos-ess .n,T nat of her
, .- ue,, a, iiHui.ii-, ana gave an' instm
taneous cause ot suit The only modincatiou of tlll .w,r ""
in the Yirginia statutes, is as to the mansion h..ue of thn huT
i" ,he. """ase or plan taken thereto bel..ugingiu
which the widow was authored to remain until her dowtr n
her husband's lauds should bo a-signed to her - and it is V .
this statute that Chancellor K-nt refers in the lt'i volum-of
his Commentaries, tei. c.-d edition.) The common law in o,h
er respects is unchanged, c hapman vs. Artnst. ad i Mum
3W-3M. Moore vs. Gilliam, a Murp., l,ji4 -lurp.,
The result ia the judgment of the Circuit Court mu-t be
reversed, and judgment given for the defendants below uro
the agreed case. WRIGHT Jud-e
The foregoing opinion is adopted as th opinion of this court
Attest : J. C. F.ab, Clerk. IUWKl Ja5e,