Newspaper Page Text
be ggoxi-Ulc W$
BBOWBXOW, HAWS & CO., Pnoliaheri
Yielding op tbe other check,
Dropping humbly on the knees;
Closing lip when dared to (peak,
Will not, do in times like these.
Knoxville, Tenn., August 8, 1866.
C. S. IIcbbakd, No. 24, Eroad Street, Boston. Maf..
Is our regularly appointed agent to receive subscriptions
forourpapr in the ftatd of Connecticut and ilata
choMtta. Tho Wbiq caq lo Ltd evory week at tho News
Depot of R. H. Singlaton, Poet Office Building
N MhTille, Tenn.
Tbe Union Speaking.
Saturday waa a proud day for the Unconditiona1
Union Man of old Knox county, and those portions
of Blount and Andereon countiea repretented in th
roreting. Tbe crowd wag large, attentive and ap
preciative. The Secretary of State, A. J. Fletcher,
led off in a speech of tveo hours and a half. U
indication of the State Government was complete,
and hia showing up of Johnson's record was crush
ing. The speech waa all that the friends of the true
Union cause could de6ire.
CoL Doughty, the member from Anderson, spoke
half an hour, and was repeatedly cbecrd. lie ppoke
to the point, with distinctness and sense, and did
Major General Cooper spoke one hour, and witt'
groat effect and force. There will no longer be any
more controversy here, among rebels nd coppt-r-beads,
as to the General's position, as his denum-i
tions of both were withering and wll-tiuiJ. II
showed up the PhiledelpLiaAugicst-Orayback-Con
ver.tion, and the leading traitors who h -.ro been up
pointed to uttmd it, and who will evidently control
it. He bad fought these traitors four year, and w
preparod to fight thera four more. He would onlj
fight under the old flag, and with and for the party
that had put down tbe late rebellion.
Hon. Horace Maynard spoke forty-fine minutes,
having just arrived from WWtinton. H showed
up the Philadelpbia-Grayback-Convention, and the
unpardoned rebels of the South, and tho traitors of
the North who were to control its action. He toM
the audience that the old adages, birds of a feather
will flock together, and that men are to be known
by the company they keep, would apply with force
to this Convention. He was repnutcJly cheered.
The effect of this speaking was very fine, and it
waa damaging to the rebel cause. The large crowd
were held on for five hours, and delighted that they
had come to tbe meeting. It has taught the rebel
one thing that is, what a crowd of Union men can
be collected here upon short notice to hear a loyal
man speak, aiid what work it takes to collect a cor
poral's guard to hear the advocates of the Johnson
Grajbaek policy. Col. Fletcher was aloud adver
tised to speak, and that upon short notice.
The Union men of East Tennessee are all right,
and don't intend to go off with political traitors
after strange gods !
lion. Xewton A. Patterson,
Judge of the ltb Judicial Circuit, held Court at
Winchester, in Franklin county, two weeks ago.
Jadge P. was recently commissioned, and this is the
Ant Court he has held. Every county of his Cir
cuit is in Middlo Tennessee, while the Judge's home
is at Kingston, near this place. Knowing him to
be competent and honest, and knowing bica to bo
truly loyal, the Governor selected him in preference
to those in the Circuit whom he did not know to
possess ull these virtuas. For tho information of
our readers in East Tennessee who know the Judg
we will eay that the counties comprising the Circuit
referred to are among the most disloyal in the State
In what we have said above we mean no reflection
on the ability and personal integrity of the B tr of
the Circuit. We refer to the question of uncondi
tional loyalty. The leading rebel paper of Nash-
ilia, the Union and American, to-called, (appro
priately speaking " Dis-Vn'ioa and Mexican,')
boiled over with raga that an East Tennessee radi
cal should be appointed Judge oi a Middle Tennes
see Circuit. It carried its venom so far as to assail
Judge Patterson personally and oflLuilly, in terms
yf indecent personality. A complete delete ot
Judge P. from this unwarranted attack is found in
the proceedings of a meeting of the LUr and otu-r
of the Court men opposed to th Judge politically.
Through their chairman, Col. P. Turner, resolutions
were read in open Court censuring and rebuking in I
the most positive manner the action of the L uion
and American, and doing the Judge full justice In
preventing the action of the meeting, Col. Turn-y
stated that "the Bar and people of Franklin oun
tv condemned positively the attack made upon
him." He said, " We have watched closely your
action during tha we-;k. You have decided man
important legal questions, in all of which, tog ther
with your charges to the jury, you were right. Yo i
Lave impressed mi that you are honest and capable;
and although we would have been pleaded to have
had the judicial ermine fall on one of the many able
members of the Bar of ojt Circuit, yet after wit
nessing the manner in whijh you have discharged
your duties, aud knowing you, ita we believe we do,
we say in perfect candor that we do not now desire
to exchange you for any cno else."
The Judge boldly walked up tj the line of duty,
especially charging the Grand Jury the laws on
treason and the "act to limit the elective franchise."'
The Bar and people were impressed with his hon
esty and firmness of purpose, and extended to him
every mark of courtesy.
We predict for Judge Patterson an honorable re
cord on the Bench, the denunciation of the Nash
ville '-Dis-Union and Mexican" to tbe contrary
Faying Loyal Tennesseeans.
The rebel papers of Tennessee, and Ihe leaders
of the new Johnson-Democratic party, are absolute
ly enraged at the late Congress for having passed a
law to pay all loyal citizens of Tennessee, without
delay, for tbeir property taken and used by the
army of the United States. It seems to have taken
the wind out of their sails, and to havo deprived
them of the only thunder they had to use against
the radical Congress. Although the measure was
carried, and loyal men are now to be paid for eve
rything used as Quartermaster and Commissary
stores, including grain, forage, horses, mules, cattle,
hogs, sheep, &c Mr. Leftwich, the Johr.son-Con-ecrvative
member from Memphis, voted against it.
The same day the bill came up to restore Union
men the lends conjiscatcd by the Confederacy, and
Mr. Cooper, Private Secretary of the President,
voi'J. to kill of the bill, whila Maynard and Stokes
voted for the bill. The Jobason-Conservatives held
a meeting in this town, two we.ks ago, at which
they endorsed the legislative career of Senator Bull
Fra;ier, and ene of his acts was to vote against tbe
bill proposing to pay the loyal Tennesseeans for
their losses by the war. That party Las a lovely
record ! Lcyal.Tcnnestecans understand them, and
know what they mean by this out-cry against the
Radical Congress.'" This new party is destined lo
become more odious than ihs origins! Secessionists.
The Constitutional Amendment.
iThe Dtunocratic party, in their papers and in
tbeir spoeclies and conversations, persist ic saying
that the Constitutional Amendments recently adop
ted by the Tennessee Legislature, force negro -fregt
upon the Sta e. This is not only not true,but
there i? nothinz in the AmfndmAr,t nnon wi-ich to
fpund the 0barKe. Negro suffrage is not proposed ! Memphis and more recently at New Orleans by
to be iorced upon any State, became it cannot be i tbe J'jhc "obil The Union P"nlinS offlc0 l
Tbe Amendments leave the States to adopt negro Jonesk.ro' i now guarded., while the " My Policy "
eullrage or reject it, as they may think proper. The I P".v watch an opportunity to deatroy it. This is
dopticn of it will increase the Southern ivpreen-1 lhe EPirit butchered the innocent at l ort Fil
iation in Congress, and the rejection of it will di- i !ow- 811 J lie saTUC Pirit thsit a'11- incoln !
minisb it. The admi-&ion or exclusion of ngro j ' ' ' J1
suffrage will not increaw or Jittiiiiuh the represen-1 Tdr Kewabis fob thk Capture or Booth.
tation of the Northern S ate, and it will be for the ! Tvbe UoUEf of preventatives have resolved that
, ... , , , ' the rewards to the captors of Booth should be dis-
Southera people to decide for themselves whetuer ; lributeJ followi. Col. Conger, the brains and
Ukey wmsTO wmi vr wavueruey win i
increase their roprwsentation by adopting a mixed
basis. Tliid is true ao impartial statement of the
cage, and every candid un, LiUnJing to stand by
the truth will admit iU Tbose intending to decre
nd mislead will represent the ca?o otherwise
Tree Southern Chivalry.
The following letter from a Northern SUta, comes
to us from a gentleman whose character is above
suspicion, and whose statements will be relied upon
in the large city where he resides. It discloses the
mob spirit of this Johnson-rebel-party, and the
same spirit that assassinated Mr. Lincoln : - -
, July 24tb, 1806.
Hon. W. O. Brownlow :
Dbar Sib : Although there are some traiU in
your character which I do not admire, yet the firm
etnd you have Uken and maintained for the last
f. w yeara in defence of Liberty and Union, even
against dangerous opposition And the great good
we expect you to accomplish during the continua
tion of our struggle, under the new phase it has as
sumed, and Hnler the new loaders it has secured.ren
ders you an object of more than ordinary interest.
Therefore, it is that I have folt it my duty to make
known to you the following:
I was in the "Commercial Hotel" in Memphi,
Tenn., about 2 P. M, on Friday the 20th inst., and
overheard three individuals talking about " Parson
Brownlow," one of whom appeared to be the clerk.
I paused, pretending to be looking over the names
m the regUter, but really to try to hear what they
-aid. I could only catch the following, uttered by
the one next to me not the eltrk. " I tell you," he
id "I am willing to give all I possess to have that
man put out of the way, and by God, he'll find t hat
hisU rm is as much too long for us as Abe Lincoln's
( Perhnps he said ' half of all." I will not be cer
tain.) I inquired of a gentleman what his name was.but
mo could not tell. There wore none others present,
xccptihe parties in conversation, and I knew it
would not be healthy for me to manifest any im
pertinence on the subject to them.
The impression made on my mind by the above,
is that there is.or will oh, an effort made to '"put you
out of the way," according to the most approved
If this notice, which I have thus intruded upon
n'U, should prove to be of any advantage to you,
-houll danger arise, I shall feel amply rewarded.
P. f Had I thought of the matter as seriously
t the time, as I since have done, I would have
found out their namrs by some means, and am sorry
i did not. .
A to my reliability, I refer you to Gen. Fisk. I
have a partial acquaintance with him.
A similar letter has been received by the Gover
nor from a Federal officer in Mississippi, disclosing
ihe name of a party threatening a similar fate.
Rebellion, assassination, and the ruins of the Gov
ernment, are what a great body of the Southern
ehivalry are bent upon. Tbe late rebellion owes its
origin to the spirit of murder, robbery and perjury;
and the same spirit is actuating the new leaders in
their efforts to get up a second rebellion.
The same spirit is manifesting itself at Richmond.
In a late editorial in the Examiner, commenting on
the part the Governor took in passing tho Constitu
tional Amendments through the Tennessee Legis
lature, the editor says :
"If there is any law, written or unwritten, which
can reach this old scoundrel Brownlow, it should be
appealed to at once. Patience has ceased to be a
At the same time all theso threats are uttered,
every treasonable sheet North and South is down
upon the Governor. Still they say he has no influ
ence, and that no importance is attached to any
thing he says. The Governor is making some par
ties feel, certain I Who are they ?
Spirit of Forgiveness.
A great clamor is now raised in favor of lenien
cy towards the rebels, who during four years of bit
ter strife-, labored to destroy the Union cause, and
to rob, plunder and starve out Union families. Not
only are the ill-treated Union men called on to for
give and forget the wrongs of the rebellion, but
they are called upon by their votes to say that the
rebellion was meritorious, and that its active trai
tors were pairiUic men, and are now entitled lo fa
vor at the bands of loyal men. They not only ask
Union men to ignore treason, but they ask them to
reicard it. Union men in the South are not called
upon to support men who stand for office upen their
own Hicrits, but they are called upon to support
tho!-e who run upon tho merits of their urongs.
AVe speak for ourselves, that while we can forgive
and forget the injuries done us by men now acting
in good faith towards the Union, we can have notb
ir.g to do with the graceless scoundrels who broke
up our business, had us thrust into prison, and
drove our family of helpless women and children
out of their native country. Others of these imps
of the Devil, and pinks of the Confederacy wko de
lilerated in Ramsey's Law Office while we were in
jail, as to how they would rid the world of our pres
ence, can never receive any acts of kindness at our
bands. Nor can we ever look, with any degree of
allowance, upon that class of Railroad officers and
conductors who, in 1861, urged the rebel troops to
destroy our office, take down our flag, and even
hng up. "VVe have no use for such rebel fficers as
A ihby, I'ou-cll, and others, who halted in front of
our dwelling and ordered their men to groan for us.
Nor do we want the friendship of such citizens as
approved this ruffianism. True, they laid the flat-ti-rir.g
unction to their sordid and treason-stricken
soul, that we had gone up, and that with our fam-
iiv, we were cone from the country forever. Delu
bided iilian! We are still here, to look with in
donation and scorn upon our malignant persecu
tors, and upon all who excuse their cowardly and
villainous conduct in these respects, as meaner than
Wiiat is Dignity?
The rebel papers of the country think that Gov
ernor Brownlow displayed a great want of dignity
is sending a dispatch to Col. Forney, giving his res
pects to Hhe dead dog at the White House."
It was dignity in the President to oppose the
nomination and eloetion of tbe Governor, on tbe
ground that he had always been a member of the
Whig party. It was dignity in the President tode
nounee the Governor to different members of the
Legislature. It was dignity in the President to seek
by letter-writing, and by the use of patronage to de
ceit the passage of the Constitutional Amendments,
and to break up tho Legislature. It was dignity in
him, in a drunken harangue on the 22nd of Febru
ary, to denounce Senators and Representa' ivos by
name, as traitors. It was dignity in the President
to get beastly drunk at his inauguration, and boast
of his greatness in the presence of Congressmen,
and Foreign Ministers. Is this man held up as an
example of dignity by this new-born dignity parly.
The Governor does not belong to that school of dig
nity. Case of Judge Patterson.
The papers have a grest deal to say about the loy
alty of Judge Patterson, and about the propriety of
his taking the Congressional test oath. We have
no doubt that Mr. Patterson was a Union man du
ring the rebellion, and a much better Union man
then than he is now. But had his father-in-law,
President Johnson, taken the rebel side in the out
set, as he does now, Patterson would have been a
Secessionist of the first order. His Locofoco princi
ples and associations pre-eminently qualified him
for a Rebel.
The matter oi his taking tho oath was one of
taste and of conscience. He had to swear before ta
king his seat that he ''had neither sought,nor accep
ted, nor attempted to exercise tha functions of any
office whatever under any authority or prsiended
authority in hostility to the United States." He
was a candidate for Circuit Court Judgo under the
reigu of the Confederate Government; was elected;
took tLeir oath, and was saved from imprisonment
thereby. "We s7 again, that his taking the Con
gressional oath, was alone a matter of teste and of
conscience on his part.
The True Bebel Argument.
Two unsuccessful efforts have boon made to burn
the Flag o2ice at Jonesboro", an outepokea Union
paper, and a bold and patriotic sheet. Old papers
saturated -.."it!; turpentine were thrown into the win
dow and rired. Te fiecoid effort was to put fire
under the orEce building, situated on the side ef a
1 hill. This is the rebel argument, the same applied
me Vigor of f,h capturing partj, f 13,000; lo JU U.
tsater j,i jO. tbe scma auxouat awarded to nim by
the War Department Commissioners; to Lieut.
Doherty $3.-JDo, and to the privates $1,600 each.
Prav ate Medical Adhci.-Bead Dr. Whit
ter's advertisement in another column.
Case of Old. Fred. HelskelL
This old whisky-rotted, broken-down oolitical
hack,ha been for several months abusing and black
guarding . the senior editor of the Kkoivills
Whio, through the columns of a dirtv little daily.
conducted by an insolent swindler, and a degra ded
little rebel sympathizer used as a tool by a den of
cowardly conspirators. To all this blackguardism
and abuse we have made no reply, and all the re
ply we propose now is 10 set Jortn the causes of this
slang, that the public may appreciate the assaults of
this poor old grey-haired traitor.
ilia two sons, and three sons-in-law. went into
the rebellion, acting a prominent part, and the old
man remaineu projesscaiy on the Union siae, pre
tending to be a Union man, so as to serve the rebel
interests in his family, which.thus far.he has utterly
ianea to aoto av purpose. To establish his loval-
ty at tbe break mg out of the rebellion, he contrived
to have himself arrested by the rebel authorities.
This was - to eiTO him force anion? Union men
when, ho brought his patriotic son Jo. upon the
track-for the Supremo Bench, and got him so badly
beaten by Judge Mo Kinney. From that day to
this bis lying old tongue has been active in tbe de
famation of all who refused to vote for Jo. Old
Fred, took no offense at us because of the sizaal de
feat of his bushichacking son, that we are aware of,
as we are in no wise connected with the race. Hav
ing been an inveterate old office-seeker all his life.
he applied to us after General Burnside took the
country for aid in getting a position that would en
able him to make aome money. Not having assist
ed him, we suppose is tbe first offence we gave him.
The second cause of offenso was tho publication
intheWmoof August 31, 1864, of the following
CAPTURE OF JOoEPH B. HEISKELL.
This man is a rebel congressman, a lawyer of very
fair talents, a citizen of Rogersville, and was recently
captured by the command of Brig. Gen. Gillem, and is
outr in the military prison of this city, where be is likely
to remain for same time to come. His position at the
oreaking out of tbe rebellion was one of respectability,
and his relatives and friends are of the first respectability
in this end of tbe Stato. But the law and those who ad
minister it, the civil and military, hare ns right to pass
vr tbe grave offences ot one o' the worst men in the
country, because of the respectability and cleverness of
bis friends and relatives. Katber, his r.ck in society,
his better raiding and education, all baring been abused
by him, and used to promote the most infamous rebellion
the world has ever known, ought to call down upou bim
(be most rigorous enforcement of the law, and the appli-
ation of its just penalties. An example should be made
f all such men, and unless it is done, tbe prosecution of
he war it a failure, and our ga laut Union soldiers hare
'ought, bled, and died to no purpose. The loyal men ol
tbe country have been fighting, suffering and dying for
ilmost four years, to put down a rebellion brought on
a id kept ap by just such men as Jmtph B. Ileioktll. It
is now time tbe halter should be summoned to do its ap
priate work, and no man in tho ranks of tbe rebellion is
a more suitable man to commence upon than this same
No man bas ever been brought iuta this city as a pris
mer, since tbe Federal occupation of East Tennessee,
ver whose capture and confinement there bas been
such general rejoicing as in tbe case of this man. Nor
s there a man in the length and breadth of this end of
the State, against whom there is a more deep-rooted and
bitter feeling of hatred, among loyal men. Why 13 thii-?
And what created such feeling of dUlike ? Tbe prpei
newer to these questions chili conaiude oar rexirk.
upon this subject.
1. 3Ir. Beiskell, as number of the Richmond Con
.tcs.", voted for, and advocated with great zeal, every
severe measure for tbe punishment of Union men in East
Tennessee, and that looked to their subjugation and hu
miliation. And being a native East Tennesseean, and a
man of talents, be exerted a large influence for evil.
2. lie is said to be tbe xeriitr of, as well as one of the
tiyncrs to tbe bloody pu!iiion to Jeff. Davis, to adopt
more rigid mea?urus in order to secure the arro3t and pun
ishment of East Tennessee Union men, and calling for
the execution of the leaders, by way of example to tbe
3. Mr. Ileike!I was in tho Chimney Top Raid, in arms
against the Union men, and took a prominent part in
seeking to kill, wound and capture them for which he
will long be held in bateful remembrance.
i. He was in tb9 Byrd Raid, and is cbargable with the
tying up, and shooting of poor old Byrd full of ballet
hole?, because be could bave prevented it.
5. lie was in tbe Carter county Raid, in arms against
and fighting to destroy his own constituents.
6. lie was in the Brooks' Ferry Raid in Hawkins coun
ty, and with his double barrel shot gun fired on Brooks
and Price, his neighbors, who wilt be fine witnesses
againct him in an indictment for treason, now pending
before tho Federal Court in this city.
7. He was one of the committee of five at Rogersville
to wait on L-ongstreet, and urge him to remain in East
Tennessee, and assure bim that there was abnndant sup
plies to furnich his army. He rode round with the rebel
fficers and pointed out Union farms, and among them
he farms of Kyle and Blevin;, npon whom brigades
quartered, eating up their substance and deroying their
8. Before his capture he paid different visits to the jail
in Rogersville, where as many as thirteen Federal priso
ners were confined, soldiers and citizens, and abused and
Villificd tbera. Uallant man, to thus abuse prisoners
looking through the iron grates of a rebel prison. One of
them, Houston Sewell, tho son of a widowed mother, at
whose tablo Heiakell has been fed time and again.
These prisoners wcte released by our soldiers when Ucis
kcll was captured, and wc hare the facts from some of
Can such a man uxpeot auy quarters from the hands of
federal authorities ? Does he deserve quarters ? Cer
tainly not, and if he was at liber y be could not live
twenty-four, hours within the roach of the men he bas
abused, persecuted and outraged. Indeed, there are men
jf pluck and character in his own eounty who are under
i solemn oath to kill him whenever they can get a chance
The third cause of offense was the disgraceful
beating he got in a race for Congress last August.
Of five candidates in tbe field, this old rebel conspi
rator ran through at the tail end. After flooding
the distriot with circulars, writing letters, and dis
'Nbuting tickets, he received, in the county of
Knox, where be has lived all his days, the rise of
one hundred votes .' What a rebuke 1 What adds to
D is mortification, the same people, of the same coun
ty of Knox, gavo us the rise of iijo thousand votes
for tbe office of Governor.
It is said that a charter came up to the Legisla
ture from Memphis, and that his patriotic son Jo's
name was stricken out on account of bis treason.
This Jutt rebuke, if administered, is charged to our
account, and constitutes a fourth cause of offence,
although we are n.t aware that such a thing was
lone. We endorse the act, and pass it to the credit
of a loyal General Assembly, if it were done.
The ?arrio;'c son, I who resides at Memphis, pre
pared a cunning bill for the benefit of rebels, and
-nt it to Naihvilic, with a private letter of in--i
ruction how to work it through tbe Legislature.
To whom was it sent ? Tneroby hangs a tale ! It
was not proposed, as it was thought Brownlow 's
Legislature ' would not pass it, and this constitutes
our fifth cause of ofiVn-e against the peace and dig
nity of this remarkable family! Will tbose to
horn the bill and letter of instructions wore en
trusted, remove the seal of privacy, and allow us to
edify the public with tbe Trading of both ?
The latt thai wo hoard from old Fred, officially,
he was tramping around town with a book undor
ii is arm, soliciting tubt-cribera to tbe Jnhason Clubl
In this way ho expccU to accomplish one of two
things either he expects to be rewarded by the
President with an office, or he expects to ring in
votes enough, and get them committed to him, to
elect him to some position hereafter.
There is enough of decern ment left to tbe people,
by the ravages of war, to see through and appreci
ate the tricks of old political hacks and disguised
traitors, and when they come before them for their
votes they will do them justice. To the people we
refer this, and all other cases of misrepresentation,
trick and treason, for settlement, and with their
verdict we shall be satisSod.
In brief, a case exemplifying more malice, more
depravity, more scoundrelism, more contempt for
generosity, more baseness, more blind devotion to a
sinking cause, and a disgraced band of leaders, and
more profligacy, ingratitude and worthlessness, has
seldom or never been made public. A fugitive
irom the fold of truth, the walks of sobriety, and
the abodes of patriotism, honor and integrity, the
poor old apostate is held in utter contempt by the
people who, until recently, have respected his grey
This Heiskell family have been engaged in areg
ular conspiracy to block the game upon Union men,
and even to control the Legislature of Tennessee,
so as to relieve their friends and relations from ex
isting Indictments, rnoy suspect the Governor for
defeating their schemes, and hence their bitterness.
See the following letter lo the Speaker of the House,
from the Hawkins county Guerrilla Chiwf and late
Rebel Congressman. The man Cameron, whom he
proposes to put iu charge of his Rebel-saving-bill, is
an Illinois Copperhead, who was dishonorably dis
missed from the United Stales service ; and last, but
not least, expelled from the Tennessee Legislature
for ineligibility. Think of a Rebel Congressman
drafting a bill to be smuggled through a loyal Legis
lature, with the aid of a Northern traitor! But see
these lovely documents, both in the handwriting of
old Fred.'s loyal son Jo.:
Memphis, October 1st, I860.
Dear Uncle I inclose to you a draft of an Act
of Amnesty and Oblivion, for offenses committed in
tne Rebellion, which I hope you will put through.
tou will have much to do to overcome the opposi
tion to such a measure. If you want the legal points
JulgS Coipcr can furnish them to you. You will
seo at once that many objections can be taken to the
law, but it is like your Railroad bill, ia which you
did noj waut any d d fooling to embarrass it.
Yea know in this case v:ho ha to administer thelau,
and how important it is to have no fooling in tne
thing. It is purposely made brief, and it cuts up the
ca.-es by the roots. In case any convictions have
Uken place, they ought to be provided for either by
name, or in such way as not to bave to depend on
any Executive interposition. I wrote you the other
day about Mr. Coneron. He will take charge of
the bill if you think Lest consult with him on the
Your letter is highly spoken of here :t is repub
lished in the Bulletin this morning, and will be
commented on to-morrow. Well, I bad no idea you
i would do the thing so well, though I knew you gen
erally hit the nail on the hsad pretty nearly, I will
senu T0U lne PaPr- I some QSJS aSl) Ey 'rS
ment on the conation 1 before Trigg, which I
hope you have receivea.
Youmtrulv, J- B. Utlss.sU,.
Be it enabled by the General Asxmbly of the Slate I
of Tennessee, That no person hall be prosecuted, t
tried, or punished, in an" - Oiarts of thiStat, 1
for any treason heret' ' ein, or f
nnv crime or offense towmi.i... iiute of
tbe United Suites forces, as the saoio c-d held et j
the time of the committing of soch offense; or for
any offense committed m the service of ths Confeder
ate States, or of the State Government resisting the
United states. - ,
That all prosecution pending for treason against
the State of-Tennessee, and all prosecutions for
other offense described in the-foregoing section, be,
and the same are hereby dismissed,- and- he courts
in which the same are pendingaro hereby; ordered
and directed to strike the same from the dockets,
and all recognizances for-theappearauceof such de
fendants are hereby vacated and made void and the
defendants diEcharge&L.- . - - .
What a healing act this forJitfUreaoou of Joseph,
the murderer of poor old Byrd, the cruel imprison
ment of Union men and th firing on those seeking
to escape rebel conscription! And what corrupt
Radicals u Brownlow and his Bogus" Legislature "
are for not allowing the passage of this M Act of
Amnesty and Oblivion P Bat we. have more let
ters and disclosures behind, and every time we feel
called upon to repeat this, publication .we promise
new addition to it. The loyal men of Tennessee
want light to enable them to appreciate the move
ments of these- Johnson-Rebel-Democratic leaders
who are seeking to drag them into a second rebel
lion. The people "are getting their eyes opened, and
will prepare to meet these men both at the ballot
box and cat ridge-box I "'"' " . ,- ,. .
Paying for tile Negroes.
The Johnson-Rebel-Conservative'-C onstitutional-Copperbead-Reconstruction
Party are out square
footed in favor of paying Southern men for all the
negroes they lost by the war. We are frequently
asked if we favor the policy. We answer, emphat
ically, NO. Not more than one in ten of the loyal
men South ever owned any negroes, or desired to
own them, and it would be unjust, if not down right
robbery, to tax nine laboring men to pay for the lost
negroes of one gentleman. Taxation is the only
mode by which tha Government can pay for them ;
and it is better that one loyal slave-owner suffer than
that nine honest laborers, equally loyal, suffer to
make his losses good. As to rebels who brought on
the war on account o the negro, it is proper and
right that they should loose their negroes. Mr. Lin
coln offered to restore their slaves, and all their lost
rights, if they would lay down their arms against a
given time. They swore they would bave their in
dependence or loose all. They lost their indepen
dence, and thoir negroes, and got whipped in tbe
bargain. Let them take all together as their right
Most of the men now in the Copperhead ranks
in the South are men who expect when tbe South
ern States are represented in Congress that they will
be compensated for their negroes. Not a few of
them thiuk that they will even get slavery restored.
Our people can afford to pay a direct tax to liquidate
the war debt, through a period of several years, but
tax them to pay for FOUR MILLIONS OF slaves,
owned by a small number of nabobs and original
secessionists, and they will not get through with
tax-paying in a' life time !
To the Union masses, the honest working voters,
we say in all candor, watch the men who advocate
this paying for their lost negroes. If the Govern
ment will tax the slave-owners alone to pay for the
negroes, we go for it, but we shall never consent to
tax men to pay or negroes who never owned any,
and never desired to own any. Slave-holders got
up the big dance in 1861 they continued the frolic
for four years and they are tbe very men to pay
the fiddler I
Tne Philadelphia Convention.
The call of a Convention at Philadelphia, for the
middle of August, is with a view to establish a new
party. The Cop
perhead Democracy of the North, and the
Rebel Democracy of the South, are going into
it with equal zeal. Yallandigham, and all
that school of Northern traitors, will be
there, armed and' equipped as tbe occasion
may demand. Tho traitors who held the Chicago
McClellan Convention, and declared the war a fail
ure, will all be there, claiming front seats, and
claiming to be the original friends of Johnson, and
of the Union as it is, and the Constitution as it was.
Rebel Generals, Rebel Congressmen, guerrilla chiefs,
and licensed robbers and murderers, of the late Con
federate army will be there, throwing up their hats
for Johnson, and swearing by the honor of Jeff.
Davis that they have no regrets on account of any
thing they did during the war.- In a word, Cop
perheads, straight out Rebels, apostate Union men,
weak-kneed Republicans, office holders under John
son, office seekers, "back sliders and adulterous
preachers, and discontented politicians of every
kind, and holding all shades of opinion, will be
there, and forgetting old differences, and old robbe
ries and defalcations, they will strike hands in polit
ical fellowship. They invite everybody but those
who stand by Congress. And when all tbe discord
ant elements North and South get together there,
the assembly will be equal to that described in Pe
ter's vision; and like the ram Daniel saw in his vi
sion, they will push eastward and westward, north
ward and southward.
It is well for all h onest men to look critically to
this new organization before they go into iU cor
rupt folds. It will turn out to be tbe old fashioned
and rotten Democracy in a guise, and called by
some other name. The whole thing will prove a
Northern Men In Tennessee.
There is some grumbling in this quarter on ac
count of reflections cast upon Northern men.
Northern men are alone to blame for all reflections
cast upon thorn. There is a class of them who
fought gallantly throughout the war to put down
the rebellion, and afterwards settled in Tennessee,
but turned over to the Copperheads, talked in their
favor, and against Congress as well as the very
principles for which they fought. It is so evident
that this class of men turn traitors to their princi
ples, and go against the conviction of right for the
sake of social position, and patronage, that even
those after whom they creep, loose all respect for
them, and all confidence in them. They respect
those who stand up for their principles,and like men
adhere to what they fought for For these Sortli
er.i sneaks who turn Southern men after lighting
three or four years on the Federal side, no party
ought for a moment entertain a particle of res
pect. They arc all things to all men for the sake
of patronage and favor, and well deserve the scorn
and contempt of all parties.
Boasting and Blowing.
Tho Kebel-Johnson leaders are boasting of tho
changes going on in their favor, and of what they
w ill be able to do at the ballot box. In the towns
and villages these laders bang around the groce
ries, stores, and at the cornere, whittling sticks, and
manufacturing public sentiment. The real people
are not of them, not with them, and don't intend to
be, so far as East Tennessee is concerned. The peo
ple recollect that a portion of these men urged them
to go into the rebellion that others went for the
McClellan ticket, and now they are wanting them
to go into the new Johnson Democratic party.
When these men come to meet the people at the
ballot box next August, they will treat them as they
treated the Secessionists, when they incited them to
aid in carrying the State out of the Union, in 1861.
These JohnsonTConservativo-Democrats can't be
elected either to Congress or the Legislature from
East Tennessee. Hark what we say. They are
throwing off the mask daily, and are becoming
weaker instead of growing stronger. In other
woriL. the people are getting to understand them .
Where is Mullins'."' In the Legislature of Ten
nessee making an & of himself, Arnell ditto.
Where was McNelley.i editor of the Bannerjduf--ing
the war ? Part of the time editing a rebel pa
per and declaring for the extermination of '-East
Tennessee Tones and Lincolnites.:' meaning all
East Tennessee Union men. The remainder of the
time and until the surrender of Lee,he was a camp
follower of the rebef army. Where is McNelly
noif? In the same businessi He is wow following
the rebel army in supporting Andrew Johnson and
denouncing the Congres; of the United States, as a
" Rump Con gress.'' Is he tnaking an ass of himself?
Nay ! verily, he has been one from the cradle.
They have a '-"loyal" cat-bird in Richmond, In
diana, that wwlles Yankee poodle with the Ttria-
S-m a copperhead -editors of canine propensities
. .ut do well to imitate this cat-bird warble
Yankee Doodle more and bark lesa at the friends cf
pence andjjood Goverment Homer La.) Iliad.
ir-irxi-iyj-c-) rwn " J - f.
Every mother, sitter, and child know ' that Mn. Winilow't
Medicine are no Inminiy, bat a. the moil reliable and effica
ciotu remedie sold. . .
Thk Qrzra Harm Ktrroaia axb Mtstic Film are oflernd
to a discriminating pnblic, confident that they excel in Tirtna
all other preparations of the kind extant. See adrortlwrnent
in this paper. m '. angl-4t
- ITCH! ITOH! ITCH!
SCEATCHI; SCRATCH L SCRATCH!
Will Cure lhe Itch In 18 Hour,
AIM cure SALT BHECM, CLCER3. CHILBLAINS, aud
aU ERCPTI0S9 OF THE SKIX. Prke 50 cenU. For ule
by all dmggiits. By sending 60 CenU to WEEKS POT
TER, Solo Agent, 170 Washington street, Boston, it will be
forwarded by mail, free of postage, to any part of the United
States; jnljll Ora
ABE you sick, feeble and com
plaining? Are yon out of order
with yonr system deranged and
jour feelings Qncomfbrtable ? Theee
'"ymptoms are often the preclude to
erioui illneM. Some lit of sicknes
s creeping upon you, and should be
vverted by a tiniuly use of tha right
emcdy. Take Ayer's Pills, and
vleause oat the disordered humors
purify the blood, and let the fluids more on unobstructed
in health again. They stimulate the functions of the body
into vigorous activity, purify the system from obstructions
which make disuaso. A cold settles somewhere in tha body
and derange its natural functions. These If not relieved, re
act upon themselves and the surrounding organs, producing
general aggravation, Buffering and derangement. While in
this condition, take Ayer's Pills, and see how directly they
restore the natural action of the system, and with it the buoy
ant feeling of health again. What is true and so apparent in
this trivial and common complaint is also true in many of the
deep seated and dangerous distempers. Tho aame purgative
effect expels them. Caused by similar obstructions and de
rangements of the natural functions of the body, they are
rapidly and many of them surely cured by tha same means.
None who know the virture of these Pills will neglect to em
ploy them when suffering from the disorders they cure, such
as Headache, Fonl Stomach, Dysentery, Bilious Complaints,
Indigestion, Derangement of the Liver. Costlvenass, Consti
pation, Heartburn, Rheumatism, Dropsy, 'Worms and Sup
pression, when taken in large doses.
They are Sugar Coated, so that the most sensitivo can take
tbem easily, and they are surely tho bet purgative medicine
AYEB'S AGUE CURE.
For the Speed f and Certain Cure of In
termittent Fever, or Chills and Fever.
Remittent Fever.Chill FevenDumb Ague.
Periodical Headache, or Billious Head
ache, and Billious Fever; Indeed, for
the whole data of diseases originating In
biliary derangement, caused by the ma
t larla of miaamatic Countries.
This remedy has rarely failed to cure the severest caws of
Chills and Fever, and it has this great advantage over other
Ague medicines, that it subdues the complaint without injury
to the patient. It contains no quinine or other deleterious
substance, nor does it produce quinism or any injurious effect
whatever. Shaking brothers of the army and the west, try it
and you will endorse these assertions.
Prepared by J. C. ATEB & CO., Lowell, Mass., and sold by
Druggists and Dealers everywhere, in Knoxville, at wholesale
and retail by E. J. SASFOBD & CO. jnlyll-2m
BUTCHER'S LIGHTNING FLY KILLER.
Hakes quick work with flics, aud if commenced early, keeps
the house clear all summer.
Look out fur Imitations. Get Dutchcr's only, julylilm
ERRORS OP YOUTH.
A Uentlemsn who suffered for years from Nervous Debility,
Premature Decay, and all the effects of youthful indiscretion
will for the sake of suffering humanity, send free to all who
need it, the recipe and directions for making the simple reme
dy by which he was cured. Sufferers wishing to pront by tbe
advertiser's experience, can do so by addressing, in perfect
confidence, JOHN B. 0GDE',
jun-3ni No. 13 Chambers Street, New Voik.
COLGATE'S IIO.VEY SOAP.
This celebrated toilet Soap, in such universal demand,
is made from the choicest materials, it mild and
emollient in its nature, fragrantly scented,
and extremely beneficial in its action upon tho skin.
For ealo by all Druggists and Fancy Goods Dealers. feb2Ily
A Crown of Glory.
Every wan, woman child who baa used
is willing to recommend it. Three years of rapidly
creasing sale have mads tho Ambrosia famous all over
IT IS WARRANTED TO PLEASE.
It cures Itching of tbe Head.
It Makes New Hair Grow on EalJ Head.
It Prevents tbe Hair from Falling Out.
- It Keuderrtbe Hair 60ft and Glojey.
Cleases tbe Scalp. Cools tbe Heated Brow. Koiuuves
Daudrutf. Cures Nervous Headacue. Cures Baldne's;.
Insures Luxuriant Locks. Inclines Hair to Curl. Su
persedes Wigs. Kills Hair Eaters. Good effect appa
rant at once.
TO THE LADIES WE SAY,
the Ambrosia will suit you to a T. Elegantly put up.
Delicately Perfumed. Patronized by Opera Singers and
Actresses. Sold in splendid boxes or cartons, containing
two large bottles : No. 2 for morning No. 1 for ovening.
THERE IS NO MISTAKE ABOUT IT,
STERLING'S AMBROSIA is tbe best, most agreeable
and effective toilet article ia th world. To prove this
try a carton.
Sold by Druggists.
STERLING'S AMBROalA MANUFACTURING CO.,
auz9.flru 21a FulUm Street, -VeJ! York.
At hif residence iu t'nij city, on Tuesday, the id dv ef Au
gust, TAOMAS H. SMILEY, after a protracted illues.
He Tras aa old and respited citizen cf Kucxville.
DR. J. 11. LUDLOW HAS REMOVED
to his house cn Mabry street, east of first creek and near
ly opposite Ingle's Mill, where he may be found after five
o'clock r. M. and before nine o'clock a. M. atigS 2t
THE FIRST SESSION (OF FIVE
i. months,) for the scholastic year Itioo-T, commences on
Tuesdav, Sept. 4th, 1866.
TUITION PER SESSION
from ten to twenty dollars according to studies pursued.
Competent Teachers in French, Music, Painting, and Draw
ing, aro ready to enter npon their duties.
Contingent expense for half terni 9 1 00.
Board iu house of Principal per week, 4 Go.
So deduction for absence unless In case of protraeted sick
ness. B" Vocal music to entire school free of charge.
All branches from tbe Primary nglihto graduation iu the
classical course are taught.
For particulars or catalogue, add rot
J0. F. SPEMX,
aug 8-4t Principal.
EAST TENNESSEE UNIVERSITY,
WINTER SESSION BEGINS SEPTEM
BER 13th, 1S60.
Tuition, 20 per year.
Room Rent, ?8 per year.
Board in clube, $3 per week.
Board in families, 4 to 55 per week.
THOMAS W. HrMKs,
aug S-Uia President.
TWO HUNDRED HANDS WANTED.
IMMEDIATE EMPLO YMEN T WILL
1 be given to two hundred hands at good wages, to work cn
the Knoxville and Kentucky Railroad, between Knoxville
aud Jacksboro'. K. CKAIGHEAP,
BIDS OR PROPOSALS FOR THE
building of a new jail In Knoxville, TenuruMe, will be
received by the underbitfned, commissioners, nntil the Mb day
of August, 1S66. Said jail is to be built of stone. Fcr further
particulars apply to tbe undersigned.
DAVID F. DeARMOM',
M. D. BEARDEN,
au fc-tf . Jail Commissioners.
Circuit Cou. t, Third Judicial Circuit, Kaoi Count; .
Mary Sawyers vs. Jfelson Mynatt and others.
TN THIS CAUSE IT APPEARS THE
defendant!-, Jfelson Mynatt, J. C. H. Sawyers. James
Schooler, Andrew Graham, JeSerion 2tah, John' II. Sawyers
and Wni. Owens are non-residents of the State of Tenne,or
so abscond or conceal HmmmUm "
Fhnrw tai'!,.0t U uPa biwit "ordred""
"thaPii'i'a1mf0r four ucceie weeks
n Brownlow s Whig, notifying said defendants to appear at
the next term of the Circuit Court at to be h-ld for the co-ju-tv
of Knox t the Court House, in Knoxville, on the 2nd
,T, "j et. io plead, fca. or, or demur to the
suit ant demand of the 1. lain tiff. Of th laDio will t- , L.. .
ior coafestMti and tlie cause proceed! with ex parte 84 to
Witne-s Wm. R. M. Bush, Ck-rk vf taid Court at office in
Knoxville. August 1, It--'.:,
W. E. McBATH, Clerk.
SOUTHERN EXPRESS COMPANY.
EXPRESS MATTER RECEIVED and
dispatched from the office of the Company in Knoxville.
Leaves daily for the South and West, via Cbattanoe;a, at
Goods aud Packages received up to the hour f 1:40 r. it.
Leave daily for Lynchbnrg and the East, t:lti a. .
Good abd packages received at tbe honr of H:0O i. n.
jaa-lM S. p. WOODWARD, Agent.
IF YOU HA YE TETTER, SCALY
Eruptions, Pimples or Blotches on fhe face, Ulcers Run
mug sores, or any disease arising from an impure state of the
bfeoJ, go to Da. JAMES KOU'iEKi. and swt a bottle of
Gregg's Constitutional Life Syrup. '!tf
DOZEN BROOMS, AT 'MAjfU-
FACTrBER'S prices to merchants at
COWAN, McCLl'Nii a C
Decision of tbe Suoreine Court.
J IDG Eel Sam Milliqajt, Jamxs C Khackkltord,
AJTD ALT! HAWKXSTS.
Thomas IL Caldwill, Attorney General and Be-
SA8HVILLK AND XORTHWTSTF.RN RAILROAD COM-
FAST vs. JUli- juaao aav ahvaaw j. lAaio, ad
ministrators. the asnviua ana wmsnwi" ... v"
4th day of January, 1860. brought suit la tn. Circuit Court of
Davidson against John Jones) and Andrew J. Bakar, adminis
trators of Isaac Jones, deceased, to recover tha amount of two
calls often percent, each, one dua 1st day of March, 1836,
and tne otner due tat oi apru, muhj
capital stock of said company, alleged to have bees iuotcTibed
and Ukea by their Intestate. The Orst ona of the subscrip
tion agreements bears date ths 1st day of July, ISA, aod
the second on the 1st day of January. 1&36. The declaration
contained two counts, based upon these agreements, which
were in each count stated to be conditioned agreements, and
in each count, compliance with ths condition on ths part of
ths company was averred. Ths defendants plead aoa sisbws-
ttf and failure of coesideration ; both of them in abort. They
also plead two ipci-i pleas in ths gators of cross action, (Si
ting out a change ef tbe location of ths railroad. To thess
two special pleas thsrs were replications by ths company, ad
mitting the change ef location of ths road, bat averring that
ths new route was ths best and shortest. Thess replications
were demurred to, and ths demurrer was overruled. Ths is
sues Joined in the pleadings were submitted to a Jury, who,
under ths charge of ths Court, found n verdict for the plain
tiff for the sum of sis hundred and ninety-one dollars and sixty-two
cents, upon which defendants motion for a new trial
having been overruled, judgment was given to the plaintiff.
The defendants took their bill of exceptions to the action and
charge of the court, and appealed in error to this court.
On the -Oth day of April, 1855, as proven before the jury,
t Ue board of directors of ths Railroad Company passed this
resolution : ''That tha Nashville and Northwestern Railroad
be, and the same ia hereby located, from Hanner's Ford down
Harpeth, and near Isaac Jones, and thence up TnrnbuU and
Beaver Dam; and thenos by Contrary Fond along ths Teases
sea ridge to Coffman's grove." Before tha adoption of this
resolution, and in fact before either of Isaac Jones' subscrip
tion agreements wars made, this routs bad been surveyed by
George H. Baxlehurst. It waa known as ths Harpeth and
Turnbull route, and ran np Beaver Dam valley within a hun
dred yards of Jones' forge, being called indifferently ths "Qa
alehurst route," or ths "Harpeth and Turnbull routs," lease
Jones owned a tract of land of some fifty-one hundred acres,
with a forge on it, and a valuable water power at tha forge,
aod this route ran through ths forge yard. Ths construction
of the railroad upon it would enable Jones to load and unload
from ths cars in his forgs yard. Ths forgs had not been in
operation for many years, but bad alwaye been a successful
forgs when in operation, and could be put in operation at any
time. There were valuable ore banks upon this tract of land.
owned by Jones, from which ths ore could be brought on ths
railroad to the forge. The construction of the railroad npon
this route would have added many thousands of dollars to ths
value of the tract owned by Jones. Tha compan v aposars nev
er to have done any work on or towards ths construction of
the railroad upon tbis routs, nor indeed anything except the
final act of locating the road thereon by n resolution of ths
board of directors, though there waa considerable work dons
on other portions of the line. Sometime In ths early part of
tne year i.x, ana cerraimy oeiore ue monta oi April, Isaac
Jones died, at which time, and for n considerable period pre
viously, tne company wouia seem to nave suspended work al
most, if not entirely, npon the whole line of its road.
Tbe tract of land owned by Jones was on the 10th ilar of
April "of the same year, sold for tne purpose ot partition, and
brought the sum of $5,100. It would have brought twice that
sum if it bad been supposed the road would ever havo been
built. It would, as testified by ths witnesses, bavs brought
as much if the route had never been surveyed and formally lo
cated. The calls mads npon Jones' subscriptions were paid
up to his death, and the pleadings assums that some calls
made after his death were paid by his administrators. But if
they were, the sums so paid must have been small, since the
snit is brought for the calls due in March and April, 18o6,
leaving only ths two months of January and February, ia
which calls made after his death could have been paid by them
if be died in ltMS.
The other route, known as ths "Sullivan Branch route,"
was always considered the cheapest and beet for the railroad,
if the company could have got the subscription on that route.
On this latter routs the road waa located in September, 1859.
or about that time. Tbis ronte leaves ths Bailebnrst route
about two miles this side (east) of Jones forgs, and near
Jones' dwelling house, on a different tract of land, and does
not join thst route sgain for fifteen miles beyond the forge.
Tbe two routes are entirely different. At some places five or
six miles apart. The new routs runs up north of Beaver Dam
Valley and with Sullivan's Branch. It is,as testified by the en
gineer, some three miles shorter than ths Hazlehnrst route,
was fifteen thousand dollars cheapsr to build, and tbe con
struction of the road npon it will savs fifty thousand dollars
in the expenses of running trains on ths road in ten years.
At the forge, on the Jones place, ths two routes are, as sta
ted by tbe engineer, some twenty-five hundred feet apart,
with a bluff between them, and as proven by another witnees,
half a mile apart and the bluff between them n high one.
The road from tbe forge to the new road is at least a mile and
a half in length, and a very bad one. Some two hundred
acres of Jones' forge tract of land is good tillable land and tbe
balance of it Is their land, but all of it ia well wooded. The
change of the road from the original to ths new route
materially damaged tbis land. The new route is the
shortest, cheapest and best roots for ths construction of ths
railroad. On the adoption of the new route the old one was
entirely abandoned, and at the time of the trial of this caee the
road was being constructed on ths new route. Upon this
state of facts the court charged the jury :
1st. That the contract of subscription was a conditional one,
and to entitle the plaintiff to recover it must show the per
formance of the condition.
2nd. That the words of the contract were to be understood
in tbeir common and popular sense, unless the proof shows
that tbey have acquired an artificial and technical sense.
3rd. If the word "locate" were nsed in the contract in its
common and popular sense, it meant to build and construct
4th. But if the proof shows the word "locate" had, when
used in reference to the locality of tbe road, acquired an arti
ficial or technical sense, then the parties would be presumed
to have used it in that sense.
5th. If, when used in that sense, it meant the surrey of the
route of a railroad, and the adoption of that route as ths line
of tbe road by a resolution of the Board of Directors, and if
the company did or caused these things to be dons in good
faith, they were a compliance with the condition, and ths
subscription of Isaac Jones became absolute.
6tb. If the route of the road were so located ia good faith,
and afterwards the company in good faith changed such loca
tion, such change would not release Jones from his subscrip
tion. 7th. If the company, in good faith, intended to build tbe
road on the stipulated route, according to the condition, and
if, while endeavoring to accomplish that object, so far as it
had tbe means, bnt before it bad ths ability to accomplish it
Jones died, and bis heirs sold the land and parted with all in
terest in it, and after such sale the company changed the
route of the road, such change, though it would be a depar
ture from the letter, would not be a departure from the spirit
of such contract or condition, and would not operate to re
lease Jones from bis subscription.
The bnsineee of the court was to construe the contract of
tbe parties. But tbe court did not do so. It told the jury
that if the word "locato" was to bo understood in its common
and popular sense as it was, nnless it was shown by proof to
bavs acquired an artificial or technical sense, then it meant in
tbe agreements to build and construct the railroad npon the
stipulated line. But if it were shown by the proof to haveac-
quirea an aruncisi or (ecnnicai sense, wnsn ased in reference
to locating railroads, then the parties to these contracts
would be presumed to bave nsed it in that sense. And If when
used in that sense it signifies the surrey and marking of a line
and a resolution of the Board of Directors to adopt that line
as the line of the road, then if the plaintiff. In good faith, did,
or caused these things to be done, tbey would bo a perform
ance of tbe stipulated condition as to ths locating of the road.
But the court wholly omitted to tell the jury in which of
these senses, the common and copula r. on the artificial and
technical one, they were to understand this word "locate" to
bave been used by the parties.
tins omission occurs in a ease in which there was not, so
rar as me recora aisciosee, tne sugntest proof that the word
"locate" bad, when nsed in reference to the loeation of rail
roads, acquired an artificial or technical sense, or, indeed.any
shade of signification different from ita obvious, common and
popular signification to build and construct the railroad. Tbe
effect of tbis part of the change was to leave ths inrv to vrone
along their pathway of duty in tho application of the law of
me case, as delivered irom tne Dencb, to the tacts of it. with
out any clear or definite light whatever aa to whui the rnlea
of law were. But the court's province was to aid them in the
matter oi tne law or tbe case by telling them affirmatively and
directly, if such were its opinion, that tha ward lar.te" wu
used in tbose papers in ita common and popular sense; and if
sum were noi irs opinion, dui its opinion was that tbe word
was used in an artificial and technical sase, acquired by its
use in reference to the locating of railroads, then it ought just
as directly and emphatically to havo instructed them that ths
word would be presumed to have been used by these parties in
these engagements in that technical or artificial sense. It did
neither the one or tbe other, leaving the jury to guess ia what
senso the word was used in these contracts, and then to apply
the sense in which tbey might conjecture it was used to the
facts as they should find tbem.
The rule of law Is well settled, that tbe Court will not re
verse for a mere theoretical error in the charge of an infer lor
Court, which has no application to the facts of tho case, and
could not in any way bave misled the jury. But tbe charge
in this case can derive no support from that rule. What is
Btated therein as to these two propositions with what is omit
ted therefrom, could afford a jury no aid, or light as to ths
law of tbe case, and could only bave the effect of misleading
them. The statements iu tbe second of these propositions were
not the law of the case in any of its aspects. But they were
delivered to the jury hypothetically as the law of the case. It
was decided in tbis Court in the caee of McXairy vs. Thomp
son et a!. 1 Sneed, 141 that the sole object of the rules and
principles laid down for the exposition of contracts la tn dn
justice to the parties by enforcing a performance of their
agreement according to the sense in which they mutually un
derstood it at tho time it waa made. The governing principle
of construction is the intention of the parties. That intention
may be ascertained by looking to the situation of the parties,
the motives which induced the agreement, and the object aud
purpose designed to be effected by it.
Iu the case of William Chapen vs. Peter Gullet and others
2 Sueed, 273 it was laid down that though parol evidence can
not be admitted to vary, alter or explain the intention of the
parties as expressed in a written instrument, vet it ia no lesa
true, that application must b) given to the contract by the
surroundiug circumstances; 2 Sneed, 282. Ths Court decided
in the caee of Caines vs. Apnerson A Co. 2 Eneed, 562 1
Greenleaf, 60, Sec. 278 "that every species of contract may
be subject to conditions by which all estate or interest may
command or be enlarged or be defeated. No technical words
aro necensary to create tbe condition or declare the nature,"
and that conditions were to be either precedent, or subsequent
according to the fair intention of the parties, to be collected
from the instrument. "That techuical words, if there wers
any, to encounter such intention should give way to such in
tention." "In tbe present case, it it" say tbe Court, "argued
that the words "haje bargained and io-J," nsed in the instru
ment, give character to the contract; aud evidentlv show that
a title in preeer.'.i was intended to pass. Certainlv ths words
were technical and appropriate to the idea of an executed con
tract, but when we consider the entire instrument it is per
fectly clear that such was not the iutentioa of the parties."
"No particular words are," says Story on contracts, Sec. 29,
page 33, "necessary to constitute a condition precedent or a
condition subsequent, and if there bo any question upon this
point it must be deUrmiued by tbe intention of the parties as
manifested by circumstances of the particular case. For, not
only may tbe exact terms of a condition be modified so as to
harmonise therein with tho evident intention of tbe parties,
but where no condition has been expressed, it may be implied
from the facts in the case." "A conditional contract as de
fined by this author. Story is all sxocutory contracts, tbe
periormance oi wnicu aepenas npon a condition. It is not
simply an executory contract, aiace the latter may bo an ab
solute agreemeoi, to uo, or doc io ao aosaeining; oat it la a
con tract whose very existence and performance depends npon
a contingency and condition."
"A condition subsequent, is one which follows the perform
ance of the contract, and operates to defeat and annul it npon
tbe subsequent failure of eiiher party tu comply with the con
dition ." -Thus a devise of land for the purpose of building a
school house, provided it bo built on a cerla.n site, was held
to be a present grant of the land, subject to forfeiture in caee
the school bouse should not afterwards be built." Parsons on
contracts. "Mutual contracts sometimes contain," says Par
sons, "a condition, the breach of which, by one party, pre
sents the other to throw the contract cp, and consider it aa
altogether null. Whether a provision shall have tbis effect,
for which purpose-it ruu-t be construed as ao absolute condl.
tion, is sometimes question of extreme difficulty. It is quite
certain. however.that now no precise words aro requisite to con
stitute a condition. It would be difficult and perhaps impos
sible to lay down rules which would bave decisive influence in
determining this vexed question. Indeed, courts seem to
agree of late that tbe decision must always depend upon the
intention of the parties, t j be collected in each particular case
from the terms of tbe agreement itself, and from the subject
matter to which it relates."
Tho cases of the Henderson and Nashville Railroad Compa
ny vs. Lovell, 10th B. Moaroe, 3oo McMillia vs. Maysville
and Lexington Railway Company, 15 B, Monroe, Sis the
Wilmington and Raleigh Railway Company vs. Robinson, 5th
Iredel J1, and the Cumberland Valley Railway Company vs.
Bacb, 9, Watts, l&e, shew that contracts of subscription for
stuck iu railroad companies may be conditional ones, and in-lvliU-.rs
acttioj i&a chaxtsr ot f articukr ,
company prohibiting it irom entering into and accepting con
ditional contracts or subscription, tiie general rules of law
upon the subject of sucb contracts, as indeed in regard to all
other contracts made by such companies, must apply to tbeir
contracts as they do to the like contracts of individuals. Now
submit the agreements in this case, and the charge of the
court below in regard to them, to the test vf the doctrines and
principles laid down by this court in tho cases we have cited,
and by tbe other authorities to which we have referred.
The Nashville and Northwestern Railroad Company bad a
charter by which it was authorized to construct a railroad
from Nashville to , on the part of this line, between a
point two miles east of what was known as Jones' Forge, and
a point some miles west of that forire there was two toutes
The best, shortest, and cheapest of these routes for the con
struction of the road, aa well as for the subsequent operation
of running trains npon the road, was through a poor section
, oi couuiry, in wnicn tbe stock could not be raised for its eon
I struction. The second and longest, worse and most expensive
or tbem, was through a rich region of country, as far, at
leat, as JoneV Forge, in which the stock for its construction
could be got.
These facts were known to all the residents of the county,
and unquestionably, the company and Isaac Jones knew them.
The latter owned a tract of land on the longer, worse and most
expensive route, upon which there were a forge, ore banks,
valuable water power and timber plenty for the use and ope
ration of the forge. The company ia naturally anxious to ob
tain subscriptions of stock for the construction of its road.
It eauie-Jthe iongtsi worse, and most expensive route to bo
surveyed, and as surveyed, the ronte passes tarough ths yard
of the forge upon his tract of land, if the road shall be con
structed upon that route, the fore will be placed in immedi
ate connection by railway with Nashville on the east, and the
Tenneesee river on the vwl, and all the products of his forge
can be (Jed npon the cars in his" forg" yard, and sent to
either point. I.s'cor.stri;ction there will enhance tha Talus
of that tract many thousands of dollars. In this state oi
things, the parties came together and enterej npon tha agree.
ntsat upon which this suit ia founded. One of th... .
colni this provision : "It U, howsver
stood that tho subscript ion U to be Toid suUm SL B,nr
loots its road on or near George H. Hastohursi Ttl r?F,ny
or about tho mouth of Buflalo Branch, on Harp. ? !Tt',,ro"
it of Ten ridge by way of Turnbull YL-
road shall bo located on the Harpeth and Turnbull root!
The parties nsed ths term "located" in these contract, i
refsrencs to ths then existing state of things, which k'.l"
SfbOTde!ai,edJ,-'h P"U ntcn'1 iDt contAc',
with ths object, and from the motives indicated by that exist
ing stats of things. Without engaging to locate its road upon
this route, the company could not obtain subscriptions of
stock with which to build it through that portion of lbs coun
ty, as ths other routs was throagh a region of country too
poor to furnish tha necessary subscription of stock for its
""t"15U"n' ,aJ without suchaa engagement on the com -pany
a part. Isaac Jones would not become a subscriber for
stock, sines ths location of tha road upon this route, only
Brdo?Dirt? V. A m" relation of tho
th route vTtw.' lh' Coa,P"r te it. road upon
"'r,n "am cf cars upon this route,
and through the forge yard of Isaac Jones. It would never
therefore, without something more b-in-done Ji ,!?, '
ths contemplated .dv.,ufar $2 f
n wnonestionablv knew. ., 1P"-
fcitly.hen, ths parties uWiTr-
something more than a mere resolution ot a Board ,7i!
. .v... tha rnad shouM h l...i - - ,rd Of Dl
iuiuc,uiu6 j wu.iulttl by theeTUlin
v. - u.v u me term 'locate" w . .
used, and the object and motives with and from whirl, T
parties entered into these agreements, that the road should h.
built and constructed on this route. In this vb-w of the
sense of ihs word "locato," as oed iu these contract, it be
comes immaterial to consider whether that term tasacquir"
ed, in reference to the location of railroads, as an artificial or
technical seass ibr if it hadace.uin.-d such technical or artificial
sense.the manifest intention of the parties was,in these a gre
meata, to use, and they did as it, ia its common and popu ar
sense, which was, when applied to the location of this part ol
ths line of tnis railroad, to build and construct the road upon
tbs stipulated routs.
Tbe portion of ths charge, therefore, in wLl.U the jury were
told "if ths term 'locate' had, when used in reference to loca
ting railroads, acquired an artificial or technical sense, aud if
that sense were ths survey of a routs and Its adoption by
resolution of ths Board of Directors as ths line of tho road,
then ths parties would be presumed to have it In that sense, '
There is tn one of these contracts, aa ws have seen, an ex
press provision, that unless tha compasv located, i. e., built
and constructed iu road upou ths stipulated route, the tuo
scription is to be void, and the provision in the other to be
paid, on condition that the road shall ba located on that route
when taken in connection tberewiib, must, both bemf be'
tween ths asms parties aa to the tame subject matter, aud for
the same purpose, bo understood aa in substauce and effect ths
same. In other words, ths two papers are to be read under
stood and considered as one contract, as tliev were' bv the
court below. So viewed, the condition is annexed to the sub
scriptions themselves, which are upon the non-ptrfcraiance
or upon tho viola tion of the condition to be void. The com
pany's acceptance of these papers, bound it, so lar, at kast
as any right to regard or hold on to the intestate Isaac Jones'
as one of its stockholders, and to enforce the obligation of
these contracts against him as a stockholder, is couatrued to
build and construct the road npon the stipulated route and
upon its failure to enforce it, or violation of the condition the
subscription became void, all right of the company aga'inst
him founded npon them ceseed, and then accrued to hun tbe
right to recover both the account of the calls he had previ
ously paid upon the faith of the company's obligations for the
construction of the road on the agreed route; ch, no donbt
would, as shown by the paemges quoted from Story and other
authorities, be tbe rights of individuals who had entered into
an agreement with a like condition, which ono of them had
failed or refused to perform. There is no sound reason wh
the rule in this respecr, governing the contracts and fixing
the rights of individuals, should not applv to aod govern the
contracts of corporations with individuals, aod their rights
under such contracts against individuals, and of thu latter
The rule that a member of a corporation is ordiuarilv bound
by the acts of the major part of the corporation, or of its duly
appointed organs, aa a Board of Directors, when done within
the scope of its powers and purposes, does not coii-ti uie a
reason why these rules of law as to conditional contracts
should not squally apply to corporations and individuals, if
corporations like the present ons may accept conditional sub
scriptions to its stock, and consequently conditional sharehol
ders for members. For the conditional subscriber was either
never a stockholder and member of the company, if the coni.
tion was a precedent and not performed, or ceased to be a
stockholder and member on the violation of the condition, it
ths condition were a subsequent one aud violated after the
payment of calls, or exercise by the subscriber of the rights ot
a member, and ths conditional subscriber, never having beeu
a stockholder and member of tbe company, or having ceased
to be so on tbe violation of the condition, the rule nf law
mentioned has no application to him. 2 Parsons on contract,
10 to 1
One party ia bound as well by the rule of moral ri-Ut as of
law to keep Or perform his contract with another iu tbe ssuso
in which he knew at tbe time of entering into it the other un
derstood ths contract. Chitty ou Contracts, 02. There can
be ao doubt that the company, when iteut-red into these con
tracts with Isaac Jones, knew that he understood th:-m to
make or continue him a stockholder of tho company only upon
the express condition that the company should build aud con
struct the road on the stipulated route anJ ouly be bound on
that condition to perform them by the payment of calls. To
suffer it then under the plea of his being a stockholiler, and
bound by tbe action of the board of directors to change the
location of the road, and still hold on to Isaac J j ties' subscrip
tion and to him, as a stockholder, would be to sanction aud
sustain its direct and palpable violation of tbe terms of its
own eugagmant. Indeed, it wonld bo to permit the company
to practice a fraud upon bim. Tho party who makes a repre
sentation upon which another act-, is bound both at law an J
equity to make such representation good, aul the ;ame prin
ciple precludes a party from any right of recovery, when be
has violated the express condition ot his contract with anoth
er. And clearly is this so when ths term locate means as used
in thess contracts to build and construct the road. It follows
that so much of the charge as hold the change ot tho rule ct
the road did not release Isaac Jones from his subscription,
waa not the law of ths rase before tbe court. So does it thai
the action of tha court in overruling tbe demurrer of the de
feadants to the third and fourth replication of the plaintiff,
and sustaining these replications.
The third and fourth pleas of the defendants jet out tue
fact of the change of the route of tho road from the stipulated
route, and sought to recover the calls paid by the intestate
and by themselves, as administrators, as sets-off in nature ot
cross actions. Tbs replication admit the fact of the change
of route, but avsr that when the plainti.T was about to begin
the construction of that part of the road it dlscovorjd a near
er, better and cheaper route for that part of the road and
adopted that new route, npon which the road was in course si
construction. Then these replications contain ia admission
that tbe plaintiff had viclated ths condition upon thev perma
nence which alone tho Intestate was to become or to remaiu
stockholder, and bound to perform his part of the contracts,
and showed no valid ground of defence against the recovery
sought in ths picas, if the result of the cato should in other
respects be such as would entitle tho defendants to recover
npon these pleas. Tbs demurrers ought therefore to have
been sustained, and if tbe plaintiff had any good ground
for defense against the pleas ths plaintiff permitted to avail it
self of such other ground of defense by sufficient replication.
The Court instructed the jury that inasmuch aa thu motive
of Isaac Jones for insisting upon tbe condition of tho subscrip
tion agreement, as to the stipulated route, was to enhance the
value of a tract owned by him, if the company in good faith
intended to build tbe road according to the condition and was
doing what It coold towards ths accomplishment of that ob
ject as far as tt had tbs means to go, but before it bad tho
ability to accomplish it Jones died and his heirs sold out, and
parted with ail interest in ths land, and after they had sold
out and denuded themselves of their Interest the company
changed tbe location, though it wonld be a departure from
the letter, it would not be from the spirit cf the coutract'aod
would not operate to discbarge Jones from the pavmeat of his
subscription. Tho express and positive contractor thj com
pany and Isaac Jones was that unless the road was built and
constructed upon the stipulated route, the subscription agree
ments should be void, but the Court makes for the company
and for the administrators of Jones, another contract which
is that in the conceded event of the company having deliber
ately violated the positive condition of its express contract
with their intestate, the company should be absolved from
the obligations of its original contract, and from the lugal
consequences of such violation, because their intestate's mo
tive for insisting upon tho condition as to the stipulated routs
of the road waa enhancement of the value cf hia tract of land
and because bis heirs who were not before the Court, had
parted with their interest In the laud before the violation of
the condition. The original parties bad not contracted in any
way aa to the recovery of damages for a violation of th con
dition. The express and positive condition of their csutract
was that upon such violation the subscription agreements
themselves should be void, leaving the law in tbtt eveut to fix
tbeir respective rights against each other, and the well settled
rules of law gave the administrators of Jones in that even:
the right to defeat any recovery against them upon the an
nulled contract, and also the right to recover what had been
paid thereon before the company avoided them. But the new
contract made for them denied them, not only thess rights,
but any redress whatever for tbo admitted violations of tha
conditions of the contract. Both corporations and individu
als have the legal right to make their own contracts and
Courts bave no right to make contracts for them. The func
tion of tho Court is to construe the contracts of parties, and
when construed and their meaning ascertain! to enforce
them aa made. The correctness of this last proposition of tbo
charge can only be sustained by the assumption by ths Court
of ths power under the guise of construing tha express sad
positive condition of the contract of those parties according to
which the court assumed was its spirit to make a contract for
the company and tbe administrators. This thing is not au
thorized either by reason, principle or authority. If the-e be
any case in which proof of the sense of a term used iu a con
tract may be admitted before a jury, and In which a court
may leave the question as to tbe sense of tbe terms to them
for decision, the present case was not that one. The words "lo
cate" and "location" are terms which hare looz been used in
the land laws of this and other States, and have aennira,! a.
used in those laws, a fixed signification. So they have beeu
used in regard to railroads from the first introduction of this
species of highways in England and in this country ; and if
any question arises in a particular case as to tbe sense ol
either of them, its sense must by the court bo gathered from
its use as it larns and knows the sense of all other terms. It
is not competent to admit evidence before a jury to prove its
sense whether it be cemmon and popular or technical aud
artificial, and if in this case testimony for that purpose bad
been admitted, its admission would ha v., been erroneous.
But ths bill of exceptions discloses so much proof, and the
points are only noticed to prevent tho admission of incompe
tent evidence upon another trial siuce tbe charge ia tbo bill
of exceptions would seem to indicate that in the court's opin
ion snch evidence was competent. The Judgment of the court
below will be reversed and the causa remanded for anoth-r
trial according to the law of the case as stated in that opinion.
D.CAMPBELL, Special JuJ-'.
Attest : Je-!E G. Fbazki, Clerk.
JAMES MASON et at, vs. WM. J. WliirTUOUNL.
On the 5th of February, I5.x, James Mason et al, filed then
bill in the Chancery Court at Shclbytille, agaian liuida Ma
son et al, asking, among other things, for the ale of lands
for the purpose of distribution among the complainants and
defendants as heirs at law of T bom is W. Mason, deceased.
During tbe progress of the cause Whitthorne, the then tier
and Master of the Court, was directed by a J-crce in the cause
to sell lands, take notes from tho purchasers, Ac, which bo
did. After a portion of the purchase money bad been collect
ed by him, he, by a subsequent decreo prouounced in ta
cause, was directed to pay the same, together with such sum
aa he might theieaitet coliecs, to complainants and delendan'
as heirs at law of the said Thomas M. Mason, Ucceased, ana
at the September term, 15, of said court, the present Ciesm
and If aster was by decreo directed t' take and stato ana.'
coont, and report the amount of money still in the hands ot
tbe former Clerk and Master, arising from the ain of land in
said cause, and upon tbe coming in of said report it was as
certained by a decree of said Court, that after allowing al!
proper credits for costs, disbursements. Ac., tiiero was still in
the hands of said Whitthorne, of said fund, tlie sum of JJ.lJl
The parties to said suit taoed the Court for juJsment again:
him for the same upon the suggestions made by Whitthorn
that bs had before that time deposited Sl,000of said sum i:'
the brauch Bank of Tennessee, at shelbyville, to recove;
which be bad instituted a suit ar-aiust said bank, and that he
was ready to pay tbe balance. The Chancellor proceeded to
render a decree in favor of ths parties to said cause, for tho
balance of the sum still in the hands "t Whitthorne, r-serv
ing the qceslion as to said sum of S 1,000. Whitthorne him
self was examined opoa interrogations touching said deposits
and stated that he depoei ted all the funds of his own and of
other persons in said bank for safe keeping that said deposits
were madu in his own name without more that he kept no
separate bank account fcr money which he deposited that !'
made no deposit in tbo name of Mason's hairs that in he
was a director of said branch bank, and while ha was such, an
order for which bo voted was made tv the directors thereof in
compliance with an order of tho directors of ths mother bans,
at Nashville, directing the removal of tbe assets cf said braci-h
bank to Chattanooga fors-fe keeping that an order was a!-
made, directinz that notice shonld K.iT. n il, roitars (.-.
draw out their deposits and that instead of drawing out bit.
deposits be took from tbe cashier of said branch bank a cbeek
on the Bank of Augusta, Georgia, and on pr -sentiug the same
was answered by the cashier of taid bans tbey bad nj fantti.
of the branch Bank of Tecnee.ee, at ShelbyviUe. It also ao
. --.... .im .,ma saws mnaa w.ra eailaet.
ed and deposited they were current at par value, and have
subsequently become depreciates!; aad said motion coming on
further to be beard, Whitthorne having received three thous
and dollars from said branch bauk in the notes of the Bank
of Tennessee, and having offered to pay off his liability in said
notes at par, which the parties had refused to accept, the
Chancellor decreed that tbe parties should accept tue saoe iu
discharge cf said liability, fr-m which decree the eomplaiui.ct
and defendants in said suit have appealed to this court.
We think the decree of tbe Chancellor is erronoiii, and
that the parties are entitle- to a decree arainst Whitth.in
forl,000. It is insisted by the counsel for Whitthorne, that he had a
right to receive in payment of the purchase money for said
lands, bank notes of par value at the time; thai he also had a
right to deposit the aame in tbe bank for sate keeping, aad
cannot be held liable for the H-n notation of the note n re.
ceived and deposited
These propositions may all be true, but in the view we have
taken of this case, they cannot discbarge him from hi liabili
ty ow to pay the full amount in good funds, or eomptl the
parties now to accept tbe specific fund collected by him.
By mingling the trust fund wuh his own money, aod de
positing the whole in ths bank in his own name, and to his
own individual and private account, to say nothing of his
Participation in the removal of the assets of tbe bauk, or his
failure to withdraw his deposits upon notice from tho bank
and the acceptance of a check in lieu thereof, he treated the
money as his own; from that moment it ceased to be at the
risk of tbe enrai caesrwsf, and was at the ri.k of the trwisee.
aad upon this ground alone, independent of the other ques
tions presented by tbe record, and npon which we express no
opinion, he is liable to the teste tptt trtut for any loss which
may have been sustained by tho depreciation of the money.
Tho decree of the Chancellor will be reversed, and a decree
entered airaiust Whitthorne fur the sum of fl,0i. '
Attest : J.G. Vx, Clerk. k