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YOL0ME IIL
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THE KNOXVILLE WHIG.
Knoxville, Tenn., August 15, 1866.
Decision or tbe Snpreme Court.
J cuges Sam Milligan, James C. Shackelford,
AND Alyin Hawkins.
TaoMAS II. Caldwell, Attorney General and Re
porter. TIIE ETATL . CHARLES DAVIDSON, a free man ol color.
Trior to the ratification of the amendment of the Constitu
tion of thi State, oa tbe 224 day of February, 1805, by which
alavery was abolished, tb defendant was a slave. tubsequnt
to tbe adoption of said amendment be was indicted in t be Cir
cuit Court of Maury county for the crime of rape upon a free
white woman: and at tbe January term, of said court.
was arraigned, plead not guilty, was tried and convicted of
th effenae. Tb oflens was committed in tbe month of
March, 104, and the jury trying the cause ia add it ion .to find
ing the defendant guilty of the crime charged in the indict
ment, also found that the defendant waa a slave at the time
of tbs comuiiaaion of tbe offenae; thereupon, upon motion, )is
lionor, tbe Circuit Judge, arrested the judgment upon the
verdict, and from this action of tbe court the Attorney Gen
eral has appealed to this court. Tbe first and most important
question presented for our consideration is this : Can the de
fendant, ainoe bis status lias been changed from that of a
alave to that of a free man, be punished for the crime of rape
upon a free white female whilst be was a slave; or. In other
words, does tbe amendment to the Constitution abolishing
slavery in this State, operate as a pardon of the offenses so as
to entitle the defendant to a discbarge ?
Tbe question is on fraught with interest, and is of vital
importance to all classes of ur population, because of tbe
fart that recently four millions of human being who, until
recently, have been held as alave in this country, and, as
sncb wr capable of committing crime amenable to the crim
inal lawa of the country, have been made freemen by the abo
lition of slavery.
So far as we are advised this precise question baa never
been judicially determined; consequently, inita investigations
we can derive no aid from the light of precedent, bnt must be
guided alone by the light of reason in our efforts to discover
tbe pathway pointed out by principles which, as we believe,
are by analogy applicable to the case.
At the threshold of this investigation w think we may as
same tbe general rnle of law to be, that to authorize the pun
ishment of the accused, it must not only appear that, at the
,lme the act was committed, it waa declared unlawful, it
punishment declared and fixed by law, and that there was a
tribunal rlotbed with power and authority to try the offend
er, pronounce judgment and enforce the penalty incurred by
a violation of tbe Taw; but such laws must also be valid and
subsisting at tbe tim of tbe trial, or no judgment cau be pro
uonnced, or punishment iiiflictad, and if either has failed, or
is wanting at the time of tbe trial, such failure operates as a
pardon of tbe offender, and entitle bim to a discbarge. The
inquiry then becomes important what were the provisions of
the law aa it existed at the lime of the commission of this of
fense, to-wlt : in tbe month of If arch, ISvf.
By reference to the Code, section 4,010, we find rape is de
nned to be tbe unlawful carnai knowledge of a woman, forci
bly and against her will. Section 1,1.11 declares, that "who
ever is convicted of the rape of any female of the age of ten
years or upwards, shall nndergo imprisonment in the peni
tentiary nut lesa than ten, nor more than twenty-one years."
Section i.t-". it is provided among other things that rape
when committed by a slave npon a free white female, shall be
capital, and punished with death by banging, faction 2.C29
provides "the Circuit and Criminal Courts shall have exclu
sive jurisdiction of all capital offense committed by slaves,"
and section ,'-0, provides that all other offenses committed
by slaves, may be tried ty a single Justice of the Peace.
'Section 4,t7 declares "the Circuit and Criminal Courts have
original jurisdiction of all criminal matters not exclusively
confined by law in some other tribunal." Section 2,726 de
clares that "all offenses made capital by this Code when com
mitted by slaves, shall be capital when committed by free per
sona of color,' and auction 2,632 provides that the trial of a
slave for a capital offense shall be conducted in the same man
ner as that of a free person. Such w ere tbe provisiou of the
law as it existed at tbe time of the commission of this offense,
so far as they are deemed application to the question now be
fore tbe court. It is clear that at the time tbe act was com
mitted the law declared rape to be a crime, whether commit
ted by a white man, free man of color or a slave, fixed its pun
ishment and e-trrad jurisdietma upon the Circuit sad
Criminal Courts to try the offender, pronounce judgment and
inflict the punishment. The crime committed by a free
mau of color or a slave is declared capital, and upon convic
tion tbe offender I punishable with death by bang iug, but if
committed by a white man it is not capital, and U only pun
ishable by imprisonment in the penitentiary. Tbe only dif
ference in tbe rase whore tbe crime is committed by a white
man and the case where it is committed by a free man of color
or a slave is as to the degree of the crime and consequent de
tree of punishment. The jurisdiction of the Circuit or Criui
aal Courts to try and punish the offender is full and com
plete. The trial of a slave or fiee man of color, charged of
this or any other capital offenses, must be in all respects con
ducted in the asms manner as the trial of a free white man
charged with a capital crime. Then as to the degree cf tbe
.-rim toe manner and incidents of the trial the tribnual
having jurisdiction to try and punish tbe offender, and the ex
tent of tbe punishment to bo inflicted it can make no diffvr
nee to the defendant whether at the time of committing the
crimes b was a froe man of color or a alave, inasmuch as
prior to tbe abolition of slavery free men of color and slaves
were alike subject to indictment, to be put upon trial, and,
upon conviction, were also subject to the same punishment,
tb same tribunal having jurisdiction for that purpose, not
only were tbey alike subject to indictment and to be tried In
th same manner by the tame tribunal, and upon conviction
to the same pnnishment, but none of the"e were mado in any
manner to depend upon tbe status of the defendant either at
the time of tho commission of the crime or at the time of pro
nouncing the judgment. I naffected by the amendment cf
tho Constitution before referred to, the law now is 'precisely
the same as to tbe crime with which tbe defendant is charged,
his trial and punishment as it was when the crime was com
tuitted, now let us see to what extent, laws existing prior to
tbe time said amendment became a part of the Constitution,
have been abrogated or repealed thereby. Prior to the adop
tion of that amendment persons of color were held as slaves in
this State, and the right so to hold and exercise dominion
and contiol over them as property wan recognized by the Con
stitution rnd laws of tbe Slate, but by sec. 1 of article 1 of
wid amendment it is declared "that slavery and involuntary
servitude, except as a pnnishment for crime, whereof the par
ty shall have been duly convicted, are hereby forever abolish
ed and prohibited throughout the State."
All laws existing prior to the adoption of that amendment
inconsistent with its provisions or manifest purposes are by
implication repealed. Tbe manifest purpose of that amend
ment, as clearly appears from its language, was not only to
abolish slavery as an existing institution, but to interdict its
rstablisbment'in tbe future and to repeal all laws recognizing
tbe right of property in mis or recognizing the right of one
man to exercise dominion over another as property, and to
secure to the alave all tb rights secured to free persona of
color. By virtus cl that amendment, tbe master lost domin
ion over bis fellow who bad been his slave; tbe bondsman was
lo sed from bis chains and hs became a freeman, and now be
. anse of bis caste belongs to that class of persons denominated
free person of color, and is entitled under the law to all the
rights and privileges of such. Thus far, but uo farther waa
the f-cfue of the defendant changed by the amendment of the
Constitution; all laws and such only as declared the existence
of slavery, or recognized the right of property in man, or tbe
right to exercise dominion over him as property, or withheld
from slaves the rights and privileges of free persons of color,
being inconsistent with th provisions and purpose of said
amendment, are by implication repealed. Thus far, but no
farther, cau it he properly said, iu a legal sense, the laws ex
isting prior to the adoption of said amendment are repealed
thereby. These are not of a criminal nature, as either declar
ing offenses by slaves or providing for their punishment, but
are purely laws of property. Many laws, however, which
were criminal in their nature, such a declared certain act
when committed by slaves to be offenses which wer not of
fenses when committed by any other class, and provided cer
tain and peculiar modes f r the punishment of the offendera
as slaves, as well as all laws, which may properly be denomi
natod as police regulations for the government of slaves, al
though they may not in strictness be said to have been re
pealed by said amendment, are nevertheless rendered inopera
tive and are as dead letter upon our atatute books, there be
ing now no slave to commit offenses or to try r punish. The
jurisdiction given to the Circuit and Criminal Courts to try
and punieb slave is limited to a certain class of rrimes,whilst
the Jurisdiction to try and punish them for all other, and by
far tbe most numrrous class of crimes, is given to Jastice of
tbe Peace, but this latter jurisdiction ran no longer beexer-ci-ed,
even though the offender was a slave at the time of the
a.t, bvcanse be has since that time become a free man, and
free men cannot be tried and punished under a law applicable
and intended alone for tbe trial and punishment of slaves aa
a cla. Before they became freemen, and while they were
slave, the Circuit and Criminal Courts had no jurisdiction to
try aud punish them for the offenses jurisdiction of which
was given exclusively to Justices of the Peace. Tbe juris
diction to try and punish an offender cannot be transferred
from one tribunal to another simply because of a change in the
tUnt of the offender.
The tribunal having tbe jurisdiction at the time of com
mitting the oJense. bad lost it. It therefore follows that in
all such rase the amendment to the Constitution operate as
a pardon, and entitles the party to a discharge because of a
total failure of jurisdiction to try and pronounce judgment
against the offender.
But bow is it with refertnc to this case ?
Tbe law, aa it existed at the time of tbe commission of the
effenae with which tbe defendant is charged, and of which he
has been convicted, declared the act to bo a crime, whether
perpetrated by a white man, a free man of color or a slave.
Therefore, it is not aa offenae only when committed by a lae.
Further. Th law as it existed at tbe time of the commission
of tbe offense, conferred upon the Circuit and Criminal Courts
Jurisdiction to try and punish persons guilty of this offense,
whether tbey were white men, free person of color, or alave.
Therefore.the jurisdiction of tbe Circuit Court to try aud pun
ish the defendant, is uot because of, or dependent upon, the
fact that be i a slave.
Tb sfaiuu of the defendant is chauged nothing else. The
furtadiction of the Circuit Court to try and pnnuh the ekfen-
.... - i c . l. A r .1.- 1 .
for.., of the JrVlllJ
UM M. Htghs. Attorney Ceneral for the Uta Judicial Clr-
This Indictmeat contains two count. Tbe first charges
"That Charles, a negro, ana man tne slave oi John Vavlason,
th first day of July, eighteen hundred and sixtT-four. la
said county of Usury, frlooiwosiy did tasaalt oae Louisa Wat.
son, a rre wnue woman, aau then and there did unlawfully
and (sioaioaaly carnally know her, tli aa Louie. Watson.
Th second count ia substantial! v a cocv of tb first. amcwM
that It charge "that Charles Davidson, a swgro, aa," te. Ta
this indiclmsait tb defendant dead "Sol rwlltV' an tb sama
day It was returacd int court. Afterwards, and at ta
ceadins; An -gust term, 18t-. f aaid court, the following antry
appears of record ... .
CIATC fir TlMMEMIE VS. CHARLES DiVlDMJN. IndUHmmtftr
map : mil dav cams Robert L. carutDera. Attorney Gener
al pro Urn., and moved the court to withdraw the indictment
in this caase for tb purpoa of sending up befor th Grand
Jury an additional count to aaid indictment, and tbe rsurt
ordered the earn to b done.
Then follow in tbe record what appears to be an original in
dictnieut, ia which it is charged "that Charles Davidson, a
rre man oi coior- on iu tain 1st dav or JulT. It, ate."
charging the crime of rape, substantially the asm is charged
ia the indictment found at the preceding term of the
oonrt. ibis indictment is signed, "Robert L. Cam there. At
toraey General pro less.," and 1 indorsed, "additional count
Stat v. Chart David soa, Indictment for - Rape. - Robert
Jamison, prosecutor." It is also indorsed "a tnis .bill. J"a
Uianiel T. Moore, fort ma a of th Grand Jury;" and am ths
same aay, to-wit : tu ot September, the fallowing entry ap
pears in saia cause :
"This day came, aa well tb Attorney General as tho dsfea
danU, and tbe additional count in this Indictment being read
to and in bis hearing, bs pleads thereto, that be is set .guil
ty." At ths following January Urm, 1806, of said Court, th d-
arnaant waa arraigneo ana iriui upon uotn inaictmeats, ta
oonrt regarding tham as scvsral counts ja tb sama indict
ment. Upon the trial of the case, th Circuit Judge instruct
ed the jury that npon the second count, which charges ths of
fens to have been committed by a negro, no convict ivu could
be bad, consequently the conviction was npon th first, or
what Is denominated in tho charge of the court, the third
count In the indictment, and the qnestion now is, can the
conviction be sustained aa to ths indictment found at the
May term, 1SC5. Ws may briefly state, let. The record whol
ly I ails to set oat th reniradcisM. or to show that on was
returned into coart at that term. 2d, It fails to show that
any Grand Jury was elected, impaneled, sworn or charged at
that time, or that any an was appointed foreman thereof.
mi, it tails to snosr aat or wiMfnsirstsrr taat aay
waa aaarKM npon in inarctawfrt.
, Bat it i Umsis as aAu m at sii, try th provv
sioae f swtiM ,aU of th Caa. W da am think a. - By
that sectioa it is declared that "when a peraaa indicted or
tried for a criminal oflense is arraigned before a court having
jurisdiction of the matter, and pleads not guilty, and is tried
upoa the merits ana convicted, be snail not be entiuea te a
new trial, or to an arrest of judgmsat, or to a reversal af ths
judgment for any of tb following canses," aad nine different
causes ars there stataa. a caaaot give t a alattttv ol uh
character a greater latitude of construction than is warranted
by tbe plain and obvious import of the words of th statnt.
Did tbe Legislature mesa tnereoy that - a psrsqn tM naa
been tried npon tbe merits of his case npon a plea of not rail
ty, and convicted, should not be entitled te a new trial or ar
rest ot judgment ceoaaeeoi tne existence or ail tne causes
enumerated in that section t We cannot believe ths Legisla
ture could bar intended or desired to effect a change so radi
cal In the criminal practice of tbe State, or that tbe language
employed in that section will warrant any such construction.
The language is, "He shall not be entitled," etc,, "lor any oi
the following causes, ana must Decoustraea as tnongn it
read, "for ap one of the following causes." This ws believe
t be the obvious meaning of the language employed, and.
consequently, if more than one of the causes mentioned exists,
and such causes would, bnt for the provisions of that section.
eatitlo the party to a new trial or to an arrest of judgment, or
ts a reversal ol the judgmsnt, such party is entitled to ths
reliel notwitustanaing tne provisions or tbat section, slut it
will be observed, all tb causes for an arrest of the judgmsnt
ia this case, aie not even enumerated in that Isec. The cause
stated in the bth paragraph, is that "the clerk omitted to em
body in the record th tturajaaat. it bad already been horn
en, by tu:e court, m ths case oi Conner vs. th stats, tn isr.
U7, 140, 141, citing Cornwell vs. the State, M. V Yer. 117, and
McClure vs. the State, lit Ter. 2oa, that it was not necessary
that the teturafacia be spread upon the minutes of ths court.
It was enongh if the record showed the return of th tmirafa-
cias, and the selections of tbe Grand Jury, neither of which ia
shown by this record. Finally th record shows that the in
dictment found, at tbe May term, 1806, was, at a subsequent
term, withdrawn; and it wholly fails to show that it was evsr
again returned into conrt, by the Grand Jury or otherwise.
An Indictment may us withdrawn oy leave ol ine court, ana
recommitted to the Grand Jury, by which it has been found
aud returned into court, but when returned into court again,
tbe record must show tbe fact, and the failure to do is such a
defect aa will not be cured by tbe provisions of the 7th clause
of section 5,242, of the Code before referred to, 'specially if it
was indorsed "a true bill, before it was withdrawn, and at a
former term of the court. That indorsement is by the clauae
before mentioned after a trial upon the merits msde evidence
of tbe fact tbat tbe indictment bad once been returned into
court by tho Grand Jury, bnt it cannot be regarded as evi
dence that it har been properly rctnrned the second time.
Bat we are not aware of any authority for withdrawing an
indictment at a term of the court subsequent to the term at
which it has been found, aad recommitting it to a different
Grand Jury for amendment by the addition of new counts or
otherwise, aud believe none such can be found.
The bill of indictment, entitled of the Angnst term, 1S06,
cau not be considered as an amendment of or additional count
to tbe indictmeat found at tbe preceding term, but it is a new
bill and must have been prepared, acted npon and returned
into court, with all the formalities required by lis. How is
this t The record fails to show that any veniraaciat was re
turned into conrt, or that any Grand Jury waa elected, im
paneled, awora or charged at that term of the court. It
wholly fails to show ths appointment of any foremaa of ths
Grand Jury, or that aaid indictment entered into conrt, by
tbe Grand Jury or any one else, or was ever entered upon the
minutes of the court. It fails to show tbe appointment of the
Attorney General pre (em, or the existence of such facts as an-
tborized the appointment. The act of 1852, which provided
tbat tbe failure of the record to show that the person who
signs ths indictment as Attorney General pro tern, was appoin
ted, waa not error, seems not to have been transferred to the
Code, but in liea the eighth clause of said section 3,242 was
adopted, and if this were the only one of the defects or omis
sions enumerated iu that section to be found in this record,
which, bnt for that section, would have entitled tbe defendant
to an arrest of tbe judgment in this cause, he would not be
entitled to an arrest of the Judgment, but, as wa have already
shown, that sectioa was atot intended to withhold ths relief in
cases where all or more than one of the cause enumerated
therein existed. In the case of Isham vs. the State, 1 Sneed,
114, Judge aarutbeM, ia daclarin; tb oplnsoo of tb aonrt,
said : "It mast be presumed that th coart wontd Bot permit
aay one to enter upon aad diacbarg tb importaat function
of this officer without the existence of some necessity andreg
ular appointment." But in tbat case tho indictment was i
preferred by the regular Attorney General, and an Attorney
General yo d m. merely appeared in the prosecution of the
case. And it must also bo remembered that case was decided
under the act of lb&2, which declared tbe failure of tbs record
to shew the appointment of the pro tern, was not error. But
in this case we scarcely bare room for any snch presumption,
for on the same day npon which the Attorney General tiro tern.
asked leave te withdraw the indictment, ths record shows
that tie Attorney General appeared ia this caus. But it
may be eaid, wo must presume, the record is in error, and. in
fact it was tho Attorney General pro fern. To this we answer
ws can only ascertain that there waa in fact an Attorney Gen
eral pro tern, by p resumption and when presumptions become
dangerous they cease to arise. No judgment can be pronoun
ced upon either indictment. If the question to be determined
by ns waa the right of the defendant to a now trial npon tit
facts of the case as presented in this record, wo would feel
constrained to deny tb application and pronounce the sen
tence of the law, but were we to pronounce judgment npon
this verdict, in the language of Judge Tnrly, in tho case of
liite vs. the State, 9th isr., "wo would feel that we worede.
stroyiug the great aud fixed principles cf criminal practices
so necessary to the protection of the liberty and Hie of ths
citiien."
The judgment of the Circuit Court will b affirmed, and ths
prisoner will be remanded to the jail of Maury county, to bs
kept iu custody until be can be again indicted for the offense,
or discharged by tho Circuit Court of said connty.
Iu the Mew we have taken of this case, it is not now neces
sary to determine whether or not the description of the dsfea.
daut in cither court or indictment is sufficiently correct to
authorize us to pronounce judgment upon the verdict, bnt we
think, perhaps, the better practice would be to state in the
indictment his present status, as well at the status hs occu
pied at tbo.timo the oflense is alleged to hav been committed.
HAWKISS, Judge.
Atteit: i. G. 1'axzk.a, Clerk.
int STATE vs. J. S. 6UAEHLH.
This is a presentment for 'selling Wine and Aloou Sunday.'
On motion, tho presentment was qnasbed, and tb Attorney
General, on behalf of tb? State, prosecuted aa appeaJ.in error,
to this Court. -
The sole questiou raised in the record, is, whether or not,
the sale of "win or ale," on Snnday, constitutes an Indict
able offence under the statutes ? Th Code, Section 4,8ol, pro
vide : "No licensed grocer, or other person in thlsfitats.shall
"retail spirituous liquors on Snnday." Tbe previous section,
4,600, Chapter 9, Article 1st, declares tbat, "The provisions of
this article are to be construed liberally, so as to prevent eva
sions and subterfuges, and to effectuate the object had in
view. Without relerring lo otber sections of the Code, which
tend to elucidate the meaning of Section 4. Sol, we are satisfied
that tii words "spirituous liquors," nsed in this Sectioa are
evidently employed in a general sense, and intended to com
prehend all alcoholic or intoxicating liquors. Th manifest
object of the Legislature was to prevent the desecration of th
Sabbath, which, by our law, is dedicated to tbe worship of
God, aud the exercise of religious duties bj the sals of an ar
ticle, ths use of which is calculated to produce ths most shame
less disregard of all tbe proprieties and duties of life. The re
fined distinctions between distilled and fermented liquors ars
wholly unavailing when they contravene the purpose and ob
ject of the law. Practically, it can make no difference wheth
er the alcoholic principle is separated by distillation or devel
oped by fermentation. In either case, the effect produced on
the person drinking it to excess, is the same.
Tbe judgment must be reversed.
MILLIGAJf, Judge.
Attest : J. G. Fbazkr, Clerk.
AMISON DOVEY, for the use, etc., vs. JOHN 0. LAVING.
This is an action of trespass on the case, brought by Ami
sun A Dovey, for the use of J. G. Fisher & Co., In the Circuit
Court of Davidson, against John O. Ewing, to hold him indi
vidually liable upon its acceptance, Indorsed npon five differ
ent orders, which are properly described in the declaration,
and constitute the foundation of this action. To tbe declara
tion there is a demurrer, scttiug on it an oyer, the several or
ders, with the ind riements thereon, and assigning as cause
of demurrer that the defendant did not become lianle to pay
the aeveral sums mentioned in the orders sued cpon in bis in
dividual right, bnt that the Najhville and Northwestern Bail
road Company, of which he was treasurer at tbe time, are re
sponsible for the same.
The court below sustained the demurrer, from which the
plaintiffs appealed to this court.
The orders are all drawn payable to Amison & Dovey, and
by them indorsed to J. G. Fisher e Co. The language of the
orders, except as to amounts, dates and the names of the
drawers, are as follows, viz :
Nashville, April 18, 1861.
"Jfr. Juh 0. Eteij: Pay to the order of Amison A Dovey,
ninety dollars, on or before the d of this month.
J. H. McAdoo."
The other two orders, differing only in amounts, dates, and
the names of the drawers, are in tbe following language, viz :
Na8hvilik, April tbeOth, 1861.
John O. Ewing, Treas. of the S. A. K. W. Kail road Compa
ny : Pay to Amison A Dovey two hundred and fifty -6 v dol
lars, and charge to February estimates.
Jobs Smith A Co.
The language cf tbe defendant's acceptance indorsed on all
of the orders, are in these words, viz :
"Accepted, payable on return of March estimates.
Jcrs O. Ewisc, Treas."
Vnder this state of facts the onlv question arising on the
record is, whether or not, the defendant is individually liable
on his acceptances ? Aad we think he h not. He acted in
the character of a public asent, and tbe law is well settled in
this State, by our own adjudications, as well as npon the
principles of common law, that a public agent is not individu
ally liable on contracts of undertakings made by him within
the scope of his agency, or in conformity to the established
ana Known course ot tne easiness ne is employed to transact,
lie may, it is true, transact the scope aad limits of his agea
cy, aad ccatract in bis individual capacity; or withhold him
agency from the person with whom be deals, so as thereby to
daut for this crime before the adoption of the amendment j
abolishing alaverv, had be been then a free man of color, was ,
as full and complete as it is now to try and panieh a free uiau
of color for tbe name crime committed since the abolition of !
laverv. and the inrisdiction to trv and punish the defendant, ! make himself personal I v responsible. But in all such cast.
even were he still a slave, is precisely tbe same as to try and we imagine it will be found, that the credit was given to th
ttunisb a free man of color, or a white man, for the same of- ; agent, aud not his principal, or that tbe terms of th contract
tense, suoject only to the distinction between tne degrees ci
crimes, aud extent of the punishment before mentioned, n e
are, therefore, wholly unable to discover upon what principle
tne iircun v.urt ts ousted of its jurisdiction to try ana pun
ish the defendant, wberher he w as a free maa of color or a
slave, by the mere fact that at the time tbe ofl'ens was com
mitted he was a slave, aad has since become a free man of
color.
Neither tbe law declaring the offense of which the defendant
stands convicted and affixing the punishment, or the law con
ferring upon the Circuit Court the jurisdictioa to try bim up
oa the charge, and to pronounce judgment npon his convic
tion, ar inconsistent or in conflict with either th provisions
or purpose of said Constitutional Amendment and there
lore, they are neither repealed, abrogated, suspended 'or ren
dered inoperative thereby. We are, therefore, of the opinion
that the fact that tbe defeadant was a slave at the time of the
commission of th offense, and baa since been emancipated, be
ing now a free man of color, constitute no ground for arrest
iag tbe judgment upon tb v-rdict of the jury.
Xhi seems to hav been the ground upon which Lis Hot or
tiie Circuit Judge arrested the judgment, aud tbe questions
involved have been argued by counsel with great force and
ability.
But other questions arise upon the record which we cannot
overlook. At tbe May term, H06, of the Circuit Court for the
PoweU et al,
or undertaking, he made himself legally liable.
. 1 C V ..... -
vs. K reutu, v irrw.
In this case the contract was maJe with the railroad com
pany; the credit was given to the corporation, aad the defen
dant, by the terms of his acceptance, disclose the capacity in
which he accepted the orders, and designated the fund ent of
which they were to be paid. In addition thereto, the accept
ance ahow that the funds out of which tbe orders were to be
eaid. were nut at tbe time of tbe acceptance in cefandant'a
hands. -The holders had sufficient notice, by th language of
the acceptance tcemseives, mat mey must look to tbe compa
ny with whom tbey contracted for payment, and that defen
dant's office was the place at which it disbursement were
made.
Tbe difference in the language of the orders make no differ
ence, under tbe facts of this cae, in the legal liability of tbe
defendant.
Affirm the judgment.
MILLItfAK, Judge.
Attest : Jesse G. Fbaek, C'.erk.
substance of the testimony in tb case i, that signs or blood
ware teea on the turnpike, which were traced to a place in
the field where a small ehoat, unmarked, weighing forty or
fifty pounds. Pertly skinned was found. From this place
there appear to be a track leading in the direction of th
prisoner s house, which was followed and the prisoner was
seea running.and shortly thereafter be was found on a wagon
He ws told by th witness that h would arrest hire, when
he replied b reckoned not," and thereupon drew a knife
and advaaced on the witness, who gave lack and the priso
ner ran on. ne was then pursued by a party on horseback
for several mile and shot at. and finally ovetaken and ar
rested. After tbe arrest, and when ha had been under cuard
about two hours, he took the witness aside and told him, "if
he would let bim off be would give bim two sboat aud all tb
money ne naa.
It further appears that the prisoner told a Colored woman,
who was exsmiaed as a witness against him, tbat h wanted
to borrow a bag to get some turnips in, and asked her to go
with him, and oa ths way he said be had a hog over the hill,
and that be would give h-r a piece of it. She declined going
larcaer, ami returned.
One of the witnesses slated that thi property alleged to
have been stolen belonged lo Mrs. Leak. He knew her bogs
ana believed this one to be her property; bot he did not know
whether she had parted with it or not. Mr. Leak resided
about seven miles from tho place of trial; was at home, but
was not called as a witness.
It cannot be denied tbat the facts aud circumstance of this
caa produces a stronc sasnicion of the guilt of th accused.
but without first proving the corput delicti that is that the
hog had been stoUn they ar not ef themselves sufficient to
justify tbe conviction of the prisoner of a felony. Tbe case of
lyre vs. tbe State, o ttump, Jn. presents a stronzor case tnan
the one before the Court, aad it was held in that case tbat the
evidence establishing the coryut delicti was too slight to sustain
vrdict of conviction.
The alleged confessions of the prisoner are entitled to but
little consideration. He was under arrest at the time, aud
surrounded bv a Strom? cuard. bad been chased and shot at.
and at most only made such statements as tended to iniplics'e
him in the crime Of wbicn ne wa accusea. - ne aia not aamu
the crime or say anything, except inferentiall,whicb coupled
him with it.
In Uke manner th statements of tbe prisonor to tho color
ed woman, in ths absence of proof of the corpus delicti, are too
vague, uncertain aad unsatisfactory to predicate a conviction
upon. 6uspicious as they may be, they are not inconsistent
with th prisoner's innocence, and In our opinion insufficient
to establish th cortms delicti, or the fact that tbe property was
stolen. It was tbe duty ot tne state to nave cuuea airs, ideals,
who it a tinea ra was within tbe Jurisdiction of tbe court, and
within a few mil of tbe place of trial, who doubtlessly could
bar remoTsjd many or toe dooms mat naturaiiy arise in tuis
Tb judgment must b reversed and a new trlnl awarded.
MILLIGAN, Judge.
Attest : J. G. Fbazh, Clark.
ICHEB0D F. CAMERON vs. CAliOLIXE CAMERON.
This is a bill filed in the Ohancery Court at Nashville for
divorce. The bill alleges that in I860 the complainant and de
fendant were married in tbe State of Pennsylvania, aud early
in 18t0 the complainant removed to Tennessee, whers he has
resided ever since. The defendant did not accompany her
husband, as it is alleged, and 'share his fortune and destiny,'
but remained behind, where, it is charged, she has been liv
ing in adultery, and in consequence of her illicit intercourse.
since the separation, has become tbe mother of two children,
tbe paternity of which is denied by the complainant.
rio plea or answer was filed by the wile, but it appears pub
lication was regularly made and a judgment pro confesto en
tered against the defendant. The proof establishes the adul
tery of the wife beyond controversy, but fails to charge any
thing in relation to the complainant's character for virtue
and chastity since the separation. The Chancellor dismissed
tbe bill, and there is an appeal, in error, prosecuted to this
Court.
There is no error in the decree of the Chancellor. The mar
riage contract is peculiar, and in many res pacts different from
all others. It is for life, and the parties have no power, by
mutual consent to dissolve it. - The moment it is solemuized.
society, for the wisest reasons is interested in the fidelity with
which it shall be observed; and it cannot be annulled without
tbe consent of the tribunals of the country, specially clothed
with such power. The law itself will not allovr a divorce.
Vn upoa the solemn admission of the parties in the plead
ings. The facts of the admission necessary to predicate a de
ems npon, must be established by clear and satisfactory evi
dence. Were the law otherwise, the bonds of matrimony
might be dissolved by collusion, fraud and intimidation, and
the marriairs relation, with all its blessings and sacred
consequences, converted into an engineof mischief and crime.
For the same wise reason tbe principles ot the law justify
the dissolution of the bonds of matrimony require the par
ty making the application to come into the court with clean
hands.
Tbe Code, section 2,400, declares: "If the cause assigned for
divorce be adultery, it shall be a good defense, and perpetual
bar to tbe same, if tbe defendant allege and prove.
let. Tbat tbe complainant has been guilty ot a like crime.
2d. That the complainant has admitted the defendant into
conjugal society and embraces, after knowledge of the crimi
nal act.
3d. That the complainant, if the husband allowed of the
wife's prostitution, and received bim therefor.
4th. That be exposed her to lewd company whereby she be
came ensnared to the crime aforesaid."
The statute reauires that these defenses be allcutd aad proven.
but it is not necessary tbat they be formally set up and retired
ub on a Blea or answer. The Court hi bound to take fudi.
cial notice of the requirements of the statute, and it most ap
pear affirmatively, by satisfactory proot ot good character or
otherwise, that none of those defenses exist, before tho Court
Is authorized to dissolve so solemn a relation as that of hus
band and wife. And this is as necessary after judgment pro
eoneao, as after admission of th fasts charged in the bill
The evidence, and not the pleading and presumptions of law,
constitute the ground of divorce.. And no presumptions of
good character or conduct, which might arise nothing ap
pearing to the contrary in other cases, are sufficient, in cases
of divorce, to supersede the necessity of affirmative proof.
Affirm the decree.
MIl.LIG.VN, Judge.
Attest: J. G. Feazeb, Clerk.
E. H. CHILDRESS, iu error, vs. WINNIE WRIGHT.
This case originated before a Justice of the Peace of David
son county. Tbe warrant Is in trespass, and the damages are
claimed for the alleged unauthorized removal of a small wood
en bouse, which a sutler bad erected on the lands of tbe de
fendant, lbe .Magistrate gave judgment lor tne piaintm ne
low, and the defendant appealed to tbe Circuit Court, when,
upon the agreement of the parties, tho cause was tried by the
presiding J udge without the intervention of a jury. The Jus
tice's judgment was affirmed, and an appeal was prosecuted
to this court.
The fact ueceasarT to be noticed are m follows, viz : Du
ring th time this part of tlw Stake wa occupied by tbe Fed
eral army, a regiment of eoldiers encamped on the lands of
tho defendant, ana a suiter built a house thereon, atkb af
terwards h sold to th defeadant ia error for forty-tlv dol
lars. Th building was constructed of wood, aud the planks.
which constituted a part of it, were nailed to the upright
posts and studding. The freehold upon which it wa; erected
waa ownea oy tne aeienaant, ana siur tne removal oi tue
troops he declared bis purpose to disregard the sale, and te
appropriate tbe building to bis own use. Aud thereupon ha
was tula by tbe defendant in error, tne would sue nini. no
disregarded this admonition, and hauled off the plank and ap
plied them to other purposes." And this action is brought to
recover tb value of th house.
It is insisted under this state of facts, tbat the sale by the
sutler to tbe plaintiff was utterly void, and communicated no
titlo to the bouse, that it was a fixture and attached to tbe
freehold. Tho law, on that subject, we think, is well settled.
By tbe common law everything affixed to the freehold was
subject to the law of the freehold. But in more modern times
the rigor of this rnle has been greatly relaxed ia favor of ten
ants, and fixtures erected fur the benefit of trade. But in the
case cf Dcgraffenreid vs. Scruggs, 1 Hutun., 4M, this court
said: "As between executor and beir, and between tho vendor
and vendee, the original rule prevails, and whatever is affix
ed to the freehold passes with it. See, alfo, Z Kent's Com.,
345-.
If such is tho rulo between executor aud heir, and veudor
and vendee, much more ia it applicable between a wrong doer
and tbo rightful owner of the freehold. The house in contro
versy, so far as the record discloses tho facts, was erected
without the permission of tho owner of ths freehold, or with
out any order of the military commander encamping his
troops on tbe land; and when ence erected, and attached to
the freehold, it passed under the right of the soil, and could
not be sold aud transferred by tbe sutler who erected it.
The judgment is reversed and a new trial is awarded.
MILLIGAN, Judge.
Attest : J. G. Fkazeb, Clerk.
HARDWARE.
A. C. CARTER vs. TURNER S. FOSTER et al.
Th decree of the Chancellor Is correct, in the first place.tho
complainant fails to show his compliance with the statutes
conferring upon creditors the right to redeem. He must credit
or offer the dobtor with ton per cent, on tbo amount of his
debt, in rase it be for a loss sum than the amount bid upon
the land, and this is a condition precedent to bis right to re
deem, with which be must show he has complied.
The judgment in favor of Hudson and wife vs. McKay were
liens upon tbe land of McKay for twelve months. After these
Lens attacbod, McKay conveyed the lai d in trust to Foster,
to secure creditors. By this conveyance tho title to the land
was vested in the trustee, subject to eaid liens. Discharge
these liens, and the land was subject to the purposes of the
trust. Tbe land was sold te satisfy the decrees of the Chan
cery Court, and purchased by the trustee, and as such, and In
the character of trustee, removed the incumbrances of the
liens for the purpose of carrying out the object of tbe trust;
thereby the title in tbe trustee became perfect under the trust
deed, and under such circumstances he could not be permitted
to set UP tho title which he may have acquired at the Sheriff's
sale, in hostility to his rights as tru'tec, and thus defeat tbe
very object of his judiciary office. - Whether he bad express
power in the trust deed to use the trust fund in bis bands to
purchase in for the benefit of the cestui c trutt outstanding
Incumbrances npon the trust property, can make no differ
ence to parties having no rights or interest under tbe trust
deed. They cannot be beard to complain of misapplication of
tbe trutt fund, made in good faltb, the better to enable the
truitee to carry out the objects of the trust by increasing the
fund In bis hands. Therefore the land was not subject to re
demption by tbe creditors of McKay, in the hands of Foster.
Neither can the creditors of McKay insist upon the applica
tion of more of tbe trust fund than was necessary to remove
the incumbrances upon the land, and therefore complainant
has no right to enforce the satisfaction of the judgment out of
the excess bid by Foster for tbe laud over tbe amount of the
judgment. If Fostsr had paid it ovor it would have belonged
to tbe trust fund, under the deed, and not to McKay. So we
do not think the complainant le entitled to relief upon either
ground, and the decree of tbe Chancellor will be affirmed.
HAWKINS, Judge.
Attest : J. G. Fbazeb, Clerk.
STATE vs. 8. MITCHELL.
This is an indictment for usury against the defendant in
error. Tbe charge in th indictment is the defendant unlaw
fully did exact and claim off of and from one John P. Mitch
ell the sum of sixty-five dollars, for the loan, deliverance and
ess of sixty-five dollars, at terms usurious, c.
The defendant moved to quash the indictment, which mo
tion was sustained by tbe court. The Attorney General ap
pealed. We think the court erred in quashing the indictment.
Aa offense is distinctly charged. Tbe words '"did exact" ar
sufficiently comprehensive.
The terra implies to inforce, to exact. Did exact implies to
inforce the payment a more comprehensive word to express
the illegal act of the usurer could not be used. The judgment
is reversed aud the cause remanded to tho Circuit Court of
Macon for further proceedings.
SHACKELFORD, Judge.
Attest : J. G. Tbazib, Clerk.
I
fcJJOHX TOrXKINS, a froe man of color, vs. THE STATE.
The crisoncr. John Yoankins. a free man of color, was in'
dieted and convicted in tbe Criminal Court of Davidson for
i stealing a bog. The indictment lays the property stolen In
county of JBaurj 'appear. .us ire record, tne vrana Ja- cue Am4 Leak. There is ao exception to the charge of th
rors returned into court m bill of iadKtment against tb d. Court, and the only error assigned arise en the proof. It is
eadatrt for rape, indorsed, A tra. bill. Georg. Upco-,b, iatmui . 4 iTnot snffi.ieutly provra. The
0IBCUIT COUET-MjIDISONVILLE.
PETITION FOR DIVORCE.
Elii A. Wilkeas vs. John M. Wilkens.
N THIS CAUSE IT APPEAKING
from the allegations in the bill that the defendant is a non
resident of ths State of Tennessee: It is therefore ordered that
rublicatioa be made for four successive weeks in Brownlow's
Whig, notifying aaid defendant to appear at the next term of
the Circuit court, to ce neiu lor tne couuty oi Jionroe, at tbe
court honee in tbe town ol Madisonvine, on tbe second Mon
day of September next, then and there to plead, answer, or de
mur to complainant's bill filed in this cause, or the same will
be taken as con tensed ana set it Hearing ex parte.
August 1, 1966-4tpf5 WM. M. SMITH, Clerk.
W. W. WOODETIFF'S
NEW '
HARDWARE;? STORE,
SIGN OF THE BLUE. PLOW,
....
Centre Store, Colfiii -Block.
Gra,y Street
HAS J tai OPBXJiD A NEW sSTUOK OF HARD
WARE, consisting of
TABLE CUTLERY,
C APR-ENTERS' TOOLS,
SADDLERS' TOOLS.
STRAW CUTTERS,
LOCKS, HINGES,
AGRICULTURAL IMPLEMENTS, Ac.
POCKET CUTLERY,
BLACKSMITHS' TTJOL,
SHOEMAKERS' TOOLS,
NAILS, AXES,
500 Ivcgs of Xaildj of every size aud varie
ty, tor sale low at the
HOUSE KEEPERS' EMPORIUM.
SILVER PLATED FORKS AND SPOONS.
Waiters,
Sieves,
Backets,
Basting Spoons,
Brooms, Shaker,
Washboards,
Dippers,
Tubs,
Hops,
Scrub-brushes, Whitewash Brushes,
Shoe Brushes. Mason's Blacking, Stove
Polish, &c, &c.
Also a choise selection of
TABLE CUTLERY.
BRASS KETTLES, AND HOLLOW WARE,
ALI SIZES OF
WINDOW GLASS!!
7 by S t-j 13 by 21.
3PTJTT"3r ! PUTTY !
Grain Scythes,
Blapk Snake Grass Seythee,
Dutch Grass Scythes,
Patent Snaths, and Cradles.
KlflXELS CAST PLOWS.
OLD TIME PRICES.
Three Horse,
Two Horse, -One
Horse,
815.00
13.00
7.00
These Plows ure made in Knoxville, and
Points or Mould-Boards can be had at any
time.
10,000 pounds CASTINGS, consisting of
OVENS, BAKERS, POTS, &e.,
at Wholesale and Retail.
200 bags of SHOT, at Cincinnati prices.
HUBS, SHAFTS, FELLOES,
SPOKES, AND
iQaxica. c3 Tiro Iron.
COOPERS' HOOP IRON.
I3Ulxl5Tl's,
Horse and Mule Shoes
Can be furnished cheaper than you can buy
iron to make them.
POWDER, GAPS, SHOT.
S1IOT 11 1 FJLES, PISTOLS
AXD F1SI1IXU TACKLi:.
I am Agent for
DUPON'FS POWDER,
Wnich will be supplied to Merchants at
Actual Cost ! ! !
Attachment.
James P. Balch vs. Emsley Bet Ice.
THIS SUIT WAS COMMENCED BY
Attachment before a Justice of tbe Peace. It appearing
from the affidavit of tbe plaintiff on which the attachment is
sued iu this case, that the defendant is justly indebted to him,
and that be has absconded so tbat tbe ordinary process of tbe
law cannot be served on him, aud tbe attachment baring been
levied upon the lands of the defendant. Onmotion.it is or
dered that publication be ssade in Brownlow's Whig for four
successive weeks, requiring aaid defendant to appear before
me at my bouse, near Oaudridge, Jefferson couuty, Tenn., on
tbe first day of March, 1867, and defend tbe suit thus commenc
ed, etherwise the cause will be proceeded with ex parte
augl-4t JAMES H. CAKSaX, J. V.
Attachment.
A. E. 'Wilkin vs. Ben. Dickey.
THE PLAINTIFF, ON AFFIDAVIT,
say th defendant is indebted to him and so absconds that
the ordinary process of law cannot be served upon him and
having obtained an original attachment against the estate of
the defendant made returnable before John Boberts, a Justice
of tbe Peace for Knox county, and the same having been
levied on his property : It is ordered by said Justice that the
aaid defendant appear before him at his office, at Campbell
Station, Knox county, Tenn., on the 20th day of November,
next, to defend said cause, or the same will be taken as con
fessed and set for hearing ex parte. It is further ordered
tbat this notice be published for four successive weeks in
Brownlow's Whig.
augl-4t JOHN B0BEETS, J. P.
Orders by mail ,will receive prompt at
tention, and satisfaction guaranteed in all
cases.
frr Anybody sending a three cent post
ago stauip, will receive information how to
make SORGHUM SUGAR from the cane
raised in this country.
U2f Remember the place,
Centre Store, Coffin Block.
aprilll-2m
ILUICTJOEIE.
KNOXVILLE FOUNDRY
AND
!IA.CEriTE WOEK8.
WE ARE NOW READY TO MAN U
, FACTCBE . .
lneliinej.'v uud CiiHti Ut
' -
f varum kindt.
j STEAM KNGINES. SMUTT MILLS,
WATER WHEELS, MILL GEARINGS,
BARK MILLS, CANE MILLS,
PLOWS, HOLLOW WARE,
STOVES, &c, &c.y 4c.
aprltf NORTH A QfAlfE.
MANUFACTORIES.
SASH, BLIND DOOR
Patronize Homo Productions.
GASPER & DAVIS,
A'
SASHES, BLINDS, DOORS,
SCROLL WORK AND MOULDINGS.
Tbey will also keep sensoned flooring aud other kinds of
lumber, shingles, laths, fence post, and everything usually
kept in a lumbar yard,
louses built by contract, ou short notice. Uaving machine-.
rjr oi ati aiuus. we can ouiia nouses cneaper, quicaerana Oct
tor than any one else. JuneSOtf
T THE MOUTH OF EAST CREEK
JLUoxviiiu, wiu Keep on baud and ntak te order.
MUSKINGUM VALLEY
sjai Ni-riEr- ii n .piu.i.iir- Jt:.'
ENGINE WORKS,
Cokxeb JIarket and Third Sts.,
ZANESVILLE, OHIO. .
HAVING ADDED GREATLY to ocb
former eitcusire-facilities, we are now turning out a
large number of our Improved Portable Steam Ecginei and
Portable Circular Saw Mills. Those already received and in
operation are giving the most entire satisfaction. There is now
hardly a I late or Territory ia tbe Union but our Improved
Portable Engines and Saw Hills are in use. All our Engines
have spark arrester stack on them which arrest th sparks.
We would respectfu'ly refer you to the following gentlemen
and certificates for the portability, utility and practical opera
tions of our Portable Steam kngines and Saw ft) ills :
Chnrl-Mc, Jfich., March loth, 18(56.
J. H. Duvall Sib: My Mill and Engine is giving the best of
satisfaction. I had it runuiog iu five days afwr receiving it.
The first day after starting the Mill, we sawed 48 logs into Inch
lamb , making 10 64i feet in nine hours. On the second day
we sawed 13,860 feet in 10,14 hours. It was timed at one tim
when it cut 6 boards, 16 leet in each board, in one minute.
Yours, truly, GEO. N. POTTER.
-IViie D'jrtti, V. V., Sept. 22, 1865.
J. U. Duvall Si k : Wi-.h the assistance of Mr. Hardesty, we
have just completed the setting up of the Portable Engines and
Mills purchased of you. Mill No. 1, the first day cut althe rate
of 1,500 feet of Oak and Pine lumber per hour. Mill Ne. 8, we
have just started and with equal success. They are working to
our entire satisfaction, and we feci confident that the machinery
win do au you advertise. l ours, truly,
STRINE, BOYD k CO.
WiUuxviHs, Hficiicer co., Ay., J'iy 31, 1S60.
Messrs. Duvall We sawed 6 SO0 feet of boards out of seven
teen logs, the first day we started our mill, withont moving a
screw in seven hours. We believe your portable engines and
saw mills second to none in use, and most cheerfully recom
mend any ia want of saw mills and engines to your shop.
T. lb eULLIEU A f KLSSELL.
C'iohs Fiaiitt, IV-pley co., IhJ., Feb. 21, 1861.
Messrs. Duvall To-day we sawed 14,iXW feet of lumber in
leas than ten hours. About three-fourth of kt was inch lum
ber. The mill does very well. Tours, truly,
BaMUKU &BSSXT A OO.
Jiraintrtiit, Wjfsmiitg to., P , May 1, 1365.
J. H. DnvaHra: Ta Engine and Mill purchased of yen,
which Mr. liardealy has started, will do more work than you
promi-ed, and in the best manner. It will saw from l),ooo to
10,309 tett in leu hours. WALTMAN k OAY.
Uait'Twk, JJJ., Xov. 13, 1365.
J. U. Duvall &k : The Saw Mill ef twenty horse power pur
chased of you, has been set up by Mr. Uardesty. On Saturday
last we sawed t',tKK feet In eight hours. We can safely say
tbat it exceeJed oar expectations.
Yours, truly, BRIDQkd, UKNDKRSON A DANIEL8.
Fal'.-j.!, Itaxuba co., Jlien., Any. 25, 1S60.
Musrs. Duvall We have been running the portable engine,
aw mill and corn mill we purchased of you some months ago.
We average in tough, scrubby pine, from 8,000 to 10,000 fct of
lumber per day, aud could, were we to hurry our hands, saw
twelve thousand feet per day We grind 2") to S5 bushels of
corn per hour Many persons have rode twenty and thirty
miles to see our mill. 6hs is the wonder and admiration of all.
We cheerfully recommend them to those in want of mills and
engines. O. A. HAMILTON k CO
ZtiiCMO,-, K-j., July II, I860.
Messrs. Duvall I protest to know but little about machinery,
but take pleasure in bearing testimony to tbe fact that the
portable engine and saw mi!l I purchased of you, can, in my
opinion, cut three times as much lumber in a day as any other
mill in the country. We have sawed 750 feet in thirty minutes.
We can saw from 1,500 to 1,SU0 lect per hour.
U. B. HARRISON.
Locuii Grui".-. Yt'trikti Co., 7V;(.i., ilarth 15, 1859.
Messrs. Duvall On last Saturday last we cut something over
lli.OOO feet of inch poplar lumber; worked eleven hours forty,
five minutes; N. Nash attended the saw. We cut this amount
'rom logs sawed from stimpj, and can do It every day with
good logs aad hands. Da. S. J. SHANNON.
Suyaf Kmi P. O., lliljord co., Pa., March 11, 1865.
Messrs. J A J. H. Duvall Gents : The portable engine and
saw mill that we purchased of you gives entire satisfaction.
We bare, in twenty days after starting it up, sawed 200,000 feet
of frosen hemlock timber, which we call th best sawing ever
done in Northern Pennsylvania. The mill was run by Mr.
Hardesty. GKIFFIT3 A STONE.
EV We fully warrant our Engines and Paw Mil's to be
made ef first class material ; workmanship tbe same, and t..
saw from 6,000 to 10,000 feet of Lumber per day, (say ten
hours.)
Orders solicited. Descriptive circulars sent to all correspon
dent!. Address
COCKILL A SEYMOUR,
Agents for East Tennessee,
niay9-tfm Knoxville, Tenn.
1AM k BODLEY,
mmu MACHINISTS,
CINCINNATI.
STATIONARY & PORTABLE
Steam Engines
( ILAii SAW JIMS,
WITH SIMULTANEOUS AND INDEPENDENT
Wrought Iron Head Slocks,
ECLIPSE SHINGLE MACHINES,
Wood Working Machinery,
CORN MILLS. MILL GEARING & SHAFTING,
Wronght Iron Pipe & Fittings, Stcain Cotks, tc.
GIPPABD INJECTOR,
OIL WELL MACHINERY.
Steam Fire Engines,
Appllcaata for Descriptive Circulars, will specify tb
Machinery tbey need.
OCEAN STEAMERS.
PACIFIC MAIL STEAMSHIP COMPA
NY'S THROUGH LINE TO CALI
FORNIA. Touching at Mexican Portd, aud carrying
tho United States Mail.
Through in tweniy-luio days.
t-ltiasiup. os nil:
AriATic:
ARIZONA
HENRY CHAI NCEY,.
NEW YORK,
OCEAN QUEEN
NORTHERN LIGHT,..
COSTA RICA,
CONMKCIIKS VS VUG PACIFIC
WITH TUB
COLORADO,
CONSTITUTION.
-GOLDEN CITY.
SACRAMENTO.
...G0LDDEN AGE.
MONTANA.
Jfcc tc
ONE OF THE ABOVE LARGE AND
splendid Steamships will leave Pier No. 42, North Biver,
foot of Canal street, at o'clock noon, oa ths 1st. 11th
and 21st of every month, (except when those dates fall on
Sunday, and then ou the preceding Saturday,) for A8PIN
WALL, connectiug via Panama Jtailway, with one of the
Company's Steamships from Panama for SAN FRANCISCO
touching at ACAPCLCO.
Departures of the 1st anil -1st connect at Panama with
Steamers for SOUTH PACIFIC aud CENTRAL AMERICAN
PORTS. Those of 1st touch at MANZAN1LLO.
A discount of CNa QUARTER from steamers' rates allowed
to second cabin and steerage passengers with families. Also,
an allowance of ONE QCARTEE on through rates to clergy
men and their families, and school teachers ; soldiers having
honorable discharge, HALF FARE.
One Hundred Pound Baggage allowed each adult. Baggaga
m asters accompany baggage through, and attend to ladies and
children without male protectors. Baggage received on the
dock th day before sailing, from steamboats, railroads and
passengers who prefer to tend down early.
Au experienced surgeon oa board. Medicine and a '.tendance
free.
For passage Tickets or further information, apply at tbe
Company's ticket office on the Wharf, FOOT Of CANAL
STREET, NORTH RIVER NEW YORK.
iulll 3jb S. K. HOLMAN, Agent.
GEOCEELES AND COLEnSSIOIT.
AV, P. WILSON V: CO -
WHOLESALE GROCERS
I , ASP
COMMISSION MERCHANTS,
North-east Comer of Gay and Church Streets,
(CofllB Block.)
BEG LEAVE TO INFORM THE TEO
PLC of Knoxville, and East Tennee gen-Tally, that
thy have juat received a larg aad well aortd Stock of Sta
ple and Family Groo-rie, Liquors, Tobacco, Cigar, Ac., which
will be sold at greatly reduced prices. Tbe best brands of Old
Ohio Whnat Family Flour, constantly ou bead. Country Mer
chant will find it to their Interest to call and examine our
stock and price before purchasing claewnei.
Renienibr the place, coraar of iay and Church Street.
(Coffin Block,) Kaoxville, Tenn.
oct25tf W. P. WILSON k CO.
W. H. LILLARD,
Wholesale and Retail Grocer,
DEALER IN
CLOVER SEE TIMOTHY SEED,
BLUE GRASS SEED,
AnJ all kinds of
Choice Groceries,
Wtat aide Cay Street, between Cumberland and Church,
KSOXV1LLIS, TESX.
febetf.
COLCMBCS roWEM., . r. BKEEN,
Late of Knoxville, Tenn. Laic ofNashvillc, Tenn.
C. POWELL, CaltELX & CO.,
GRAL
COMMISSION MERCHANTS,
No. 88 Broad Street,
SEW YORK.
-.
REFERRING YOU TO THE ABOVE
card, we b luare to inform vou. that wa h.iva ot.ih.
la-he J ourselves in this city iu business, and are fully pr- pared
w umo so our patron me orainsry facilities required and
respectfully solicit a share of vour business. Wo da unt nra.
pose to confine ourclves to any specialifv, and will purchase
and sell
Cotton, Tobacco and Produce Generally
also, Cold, Mocks, Bon is and Government Securities t.cclusictia
on Commission. KesDectfullv Your.
C. POWELL, CREEN A CO.
Augusta Ohrouicle aud Sentinel and Jonesborougb L'uiou
lcoP?: nov.itf
H. BURKHARDT,
WHOLESALE GROCER
AND COMMISSION MERtli.VNT,
ISO Main Street, between Fifth and sHxth,
LOUISVILLE, AT.
Coiitigniueuts Solicited. JanKtf
joiix l. niniBiiRr..
GROCER, PRODUCE AND COMMIS
SION MERCHANT,
bouth side Market Square, KSOZYILLK, 1JC.V.V.
Beet brands Famflv Flnnr nn l.i.1 t .It u t.
deliver free of charge. ipriitf
TO THE MERCHANTS AND FARMERS
OF TENNESSEE.
THE UNDERSIGNED RESPECTFUL-
A LY ofifcrs you his services as a Purchasing aud Selling
Agent.
Mis experience has been acuuired lv an actual anl exlnaire
purchase and sale, during tho past ticeuty yeoia, uf Iry ;oo.l,
Clothing, Boots and Shoes, Notions, Groceries, Hardware,
Queensware, Stoves. Atcricnltural IniDlements. Ac. for both
the wholesale and retail trade.
During the past year he has spent much tiino among Ihe
Manufacturers of the North, ith many of whom ho has made
arrangements to fill all earh order sent through him at their
Kic rttc ,- especially in DOOli anil 3tiors, L murellas J'liot -graph
and Ambrotypo Materials, Table and Pocket Cutlcrv,
Cane-Seated Chairs, Portable Steam Saw Mills, Horse Poweis,
Mill Findings, Shingle and Lathe Machines, Railroad Supplier,
Buggies and Harness, Cotton Oins of the best make, Agricul
tural Implements, and Farminz Machinery of ati kinds, tii-
gether with all kinds of Machinery necessary for the munu-
laciarer ui vouon or vt ool.
lie has also made arrangements ta snnnlv tim l..t l--.t.
leum. Lubricating, an- liuruing Oils, and Oil Lamps, and
will be able to procure anything to be had iu New York or
New England upon the shortest notice and at tho lowest
price.
- Will also act as Agent to adjust all kinds of debts ere.
ated ijcfore the war, duo to parties in any of the Northern
Citits.-wt
lie will also take irreat Daius to sell all i nn-ic mn. nts t tlia
best rates to be had in this market, ana will make liberal ad
vances upoa consignments when in afore.
J H. WALKER,
Formerly of Knoxville, l'enu..
niar:i8 6m Office, 38 Broad Street, New York.
an office in
CLAIM AGrEjtJCIES.
CARPENTER & MUNSON
Greneral Claim .Agents,
J. XS. UAiirjbJJSTER,
Lato Lieutenant aad Adj utant 1st Tennessee Light Artillery,
S. MUNSON,
LsU Lieutenant and Adjutant 8th Tennessee Cavalry.
WOULD RESPECTFULLY INFORM
lbs ciuseot ol Ernst TeantBki thfAt th h. nn.i.aJ
for the purpose of adjusting and collecting all classes of claims
against the Government for supplies taken and info- mal Touch
ers given, and supplies taken and no receipts given, and for
services rendered. Prompt attention given to settlements ol
officers' accounts. Stoppage of pay removed, and certificate
of non-indebtedness obtained lor resinged officers.
Reasonable prices charged.
Vouchers bought or collected at lowest prices.
Office 1st door South of Exchange Bank, Say street,
Post Office Box 188. Rnoxvill, i tnn.
Riruraoss Hon. W. 6. Brownlow, tlen. A. 0. Gillem, Col. L.
C. Houk, Capt. MeHeish. aepStt
NATIONAL CLAIM AGENCYr
1 i.MKLS fc SUERWOOD,
AUTHORIZED
aud Xaval Agents,
28 f resident b Square,
Next door to Gen. Augur's Headquarters,
WASHISGTQS, D. C
E ARE PROSECUTING CLAIMS
against the United States Government for BroDcrtv ta
ken or destroyed by the army. We collect or purchase all
kinds of Quartermaster' Vouchers.
W settle Officers' Account, remove Stoppages of Pay, col
lect Claims for Horsus lost in th Service. We also obtain
Pensions, collect Back Pay, Bounty and Prise Money. V
require no advance fee, and make no charge except Ve suc
ceed. Local Agents throughout the country will And it to
their advantage to correspond with us.
J. DANIELS, H. L. SHERWOOD-,
Late Captain V. S. V. Law Q. M. U. 8. V.
Referb-mces. Hon. Alex. Ramsey, TJ. S. Senator from Miu.,
Hon. B, E. Fenton, Governor of New York, Hon. B. V.
Whaley, M. C. from Western Virginia, Major-C-ueral Pope.
dec27-ly
UNITED STATES CLAIM 4GNCY.
HAVE OPENED A Claim Agency
X Office in Washington, City. D. C, for tho purpose or col
lecting all Claims against the Government that may be en
trusted in my care. Anyone wanting me to attend to any
business for them t. ill please address me at Washington City.
All business promptly attended to.
W. S. CHEATHAM,
Late of Nashville, Tenn.
Bejeruuxi. Washistcton Cirv. Hon. Andrew Johnson,
President of the United States.
Nashvilli, Tess. Gov. W. G. Brownlow, Maj. Gen. Geo.
H. Thomas, Brig. Gen. Win. D. Whipple, Brig. Gen. K. W.
Johnson, Brevet Brig. Gen. Clinton B. Fisk, Brig. Gen. J. L.
Donaldson, Hon. John Hugh Smith, Hon. J. S, Fowler, Hon.
John Trimble, Hon. Edward II. East, J. B. Knowh-s, A. B.
Sbankland, Charles Bosley, Powhattan Bowling, Professor
W. Jt. Bowliag, Professor L. U. Jennings, S. C. Mercer, Hon.
John Bell, Francis B. Fogg, Archer, Cheatham A Co., Ex
Governor Neal S. Brown.
IXDiAxaroLH, I-NB. Governor Morton,
Kioxvilli, Trx Editors Kaoxville Whig. u arlf i!n
SUMMER RESORT.
To be Opened the 1st ol' June,
1866.
MONTVALE &I?liiIINSj5,
OR
" Southern Saratoga,"
BLOUNT C0UXTY, EAST T EX X ESSE E.
JC. FLANDERS & CO., HAVING
repaired and refurnished with new furniture, Ac, the
above
wAxiiii arcs- a'jla.cij,"
Will open the same ou th 1st uf Juue ueit, fvr tb-; r o- j u,.u
of visitors, aud woulj respectfully recommend it lo its fiii.-nils
and all other iu search of health, comfort aud pleasure.
Our gardens, vineyard and orchard are iu a tinu couditiou.
WehaveSULPUEit, CUALYBEATE, LIMESTONE, SOFT
and ORDINARY DRINKING WATERS. The medical prop
erties aud the Unehts derived from their use, are too well
known to require recapitulation here.
Families caa be accommodated with Gothic Cottages that
surround th Lawn.
The scenery isrouiauic and variej, such as must possess a
powerful charm for tlw most renued admirer of the beautiful
and grand iu nature, and presents th strongest attraction to
both the invalid aud pleasure seeker.
Customary amusement, such a
Dancing, Billiards, Bowling, &c,
will be so conducted as not to be objectionable to tbe uiust
quiet visitor. Regular daily mail coaches leave
KNOXVILLE
and parties can secure special toutejaute
LOUDON.
The proprietors will niaka every effort to protect their
guests from exorbitant charge in every direction.
AST Our beds and bedding are si and first quality.
Our terms of board will be very reasonable, and liberal ar
rangements will b made for families wishing to spend the
season.
Fot further particulars enquire ef
J. L. KING, Atlanta, Ca.,
or, J. C. FLANDERS A CO.,
may23tf Montvale Spriest, via Knoxville. Tenn.
every morning,
from
JBOOKS AND STATIONERY.
GILBERT & CO.,
Dealers la
Books, Stationery
. . AD
SHEET IMUSIC,
Gaj Street, (opposite the Lamar House,)
KXOXriLLE, TENS.
BOOKS AND STATIONERY,
MUSIC and MUSICAL INSTRUMENTS,.
PIANO, VIOLINS, GUITARS,
ACCORDEONS, BANJOS, &c
LADIES' FANCY TOILET ARTICLES,
COMBS, BRUSHES, PEFUMERY,
HAIR OILS, FANCY SOAPS, Ac.
WINDOW SHADES, WALL PAPER, 4c.
masonic lib easy.
.Vackiy'a LLXk.u, Jmbpru.lcn.je, Book of lb Lodg. and
Book of the Chapter, Mierer'a Gai of .Vaaonry, Wtba'cFre
ifaaou's .Vuuitor aud Templar's Chart by Cunningham, Ac.
Stationery of all kinds constantly oahna-l Bell lap Paper,
Legal Cap, Letter Commercial Note, aa assortment of Ladie'
Note, Fmnch Gilt aud .Vourning Paper.
KxvEiorE-i of all kind. l2r and description, including
the new style of una ED E.Nvriorrs. niajftf
KNOXVILLE
BOOK STORE!!!
SCHOOL BOOKS.
W holt talc and K Uil Dealer in
Standard and Miscellaneous School Books,
for colleges and schools,
Iv.VOWILLK, TE..,
T CAN SUPPLY SCHOOLS AND
X COLLEGES with BOOKS of ev( ry description at short
notice, and on reasonable terms.
All orders accompanied by tbe cash promptly attended to.
Also dealer in
STATIONERY, PENS,
PEN HOLDERS,
SLATES AND PENCILS,
In fact everything in the BOOK and STATIONERY line.
sep2b-tf M. P. CHAPIN.
SCHOOLS FURNISHED
VyiTH DKSKS AND SEATS. LOCK-
ING Ink-WelN, Outline Maps, superior Pn!i.orniri.
I.NTRi jif.xt for colleicen, etc. ; objeet-teachiug apparatus,
with Ihe lutml tmnn.wuniAni. IV. JV.HUAw ... IS . .
v., i rm..si
Schools, and everything wanted for any fhool. For details,
u lor a iwsnger. i.inerai terms to ai-nt".
AMERICAN SCHOOL APPARATUS CO..
air4-ly N.i. 21 Joliu street, New Wk.
SUNDAY SCHOOL BOOKS OF TIIE
w American Sunday S.-h.ol
Gay Street, Knoxville, Teuu.
American Sunday S.-h.ol Union, for sale by M. P. Chapin,
i cars of the children.'
'Take
MEDICAL.
A
DOCTOR WUITTIER,
REGULARLY BRED PHYSICIAN.
as hi, Diploma which hanes in his office, will show. ba
made Chromic Vuea-i (Afrf-( of hie life, and has a I'niun-wtde
reputation, having been Inmjer leul-i in Louie than aay other
Chronic Disease Physician.
31ucUol bis practice has Inn of a Hnvate uatnr. .StpA-'t".
tioHurrben, Oteet, Stricture, all CW-.fr- D.'r-Mev. atkilitie or JfT-
cnriiU Ajftctitimi of the Throit, S-ii, or Home ; Onhiti; Uernii ev
Kvotvre ; also, tbe effects of a N-V-f.;-, llnbu. ruinous to Bodv
and Mind, produciug (MtAe, debility, imp-itemy, dizzinem, 'm
neas of 'tQt, coiifVa-oa idea, evil fvrebotliAj, atereiim to aocZ-y,
tote qj Memory, Vtfa4.-j.ess, jre. . not au or tnese in any one caiw,
but all occurring frequently in various cases.
Ml Accommotlatious ample, charges moderate, cure guar
anteed. Consultations by letter or at office, free. MiMt ca--s
can be properly treated leitkoat an interne, aud uedicinva cure
Irom observation, sent oy mail or.exprea. o hindrance r-
busiuua in mo4t cases.
Addrea Box 32, St. Louie, Mo.
Hours i A. M. to8P.il. OJU peruaunt!y located at
No. 65 St. Charles street, between Sixth and Seventh, one
square -oath of Lindell Hotel, a retired spot in the centre of
the city.
Consultation rooi, uud roo.iufor Ihe ucco.Hnttdatioii ot tuck -a-
eieitts as rpiire daily personal attention.
EVERYBODY
Cau get, iu a sealed letter envelope, my Theory, tiytnptoms hhiI
Treatment oServone. L'ruarw mud Sexual Dueatet. eleesrlu detrmetU-
in-j all th diteaied co:iditions, with full Symptom Lists, for two
inree-cent postage stamps to prepay postagv. Circular for
Ladies, relating to Visea-ve faltertv. Menstruation and Prea-
nancy, 3c. aprt-ly
Dl.MLL T. BOYiTOX,
pHYSlClAN AND SURGEON.
Cau Le found at thii rrtsidfurt nf liov. HrowL.w -n.ii
fcb 13tf.
D
R. FRANK A. RAMSEY,
(Late of Kuo.xville,)
No. 5 Adams Street,
autr-ti
tew
REAL ESTATE AGENCIES.
EAST TENN. LAND AGENCY.
COCKRILL & SEYMOTJB.
Beal Estate Brokers,
KSOXVILLE, TEXXn
4 TTEND TO THE PURCHASE, SALE
XX and Exchange of Real Estate. Have
constantly on hand for sale, valuable Farm
ing. Mining, Timber and Grazing Lands
in all counties in East Tennessee.
We also have for sale Mills, Water lv
ers and Sites for Manufactories, Town and
City Property.
Persons wishing u- to negotiate lor the
Sale of their Lands or Property, should
apply promptly 03' letter or in person.
Lands in East Tennessee exchanged tor
Northern and Western Lands.
Titles examined, and all business connec
ted with the transfer of Real Estate, prompt
ly attended to.
Full particulars and descriptions of any
Lands in East Tennessee gratuitously given.
Office over Exchange and Deposit Bank,
corner of Main and Gay Streets, Knoxville,
Tennessee.
aprlltf
MABItY, AI5EUXATIIY V CO.,
JJEAL ESTATE AGENTS,
Office, GayStn two doors Suutlt oj the Latrtur Heroic.
KNOXVILLE, TENN.
I'urcliiin) and Sell Real Estate, Con A Co.,)
aud give prompt attention to .
lltt . r TAILOE.
J BSTalL DC.1LKR 19
T a
. T HING
NASHVILLE AND
ID
MING GOODS,
evSfeiav Street.
,ULLE,TES.
-t m a
X--Tr v t "rT af-
SauuuP"--itTl.'uT.'slui'-' tit
AUCTION.
CIUMCiE Ol' TISE. Teun.
On icr or GrEBAt SrrvuuTESprjrr,
N. ax C. ad N. in N. W. lUiLaoam. m
Nahvillo, Tenn., March 4th. lseo.
N and after Tuelay, March 6, l&w, and until further a.
tice, Passecgsr Trains will run a Joilows:
Nashville and Chattanooga Line.
Lsuv Nashvillo for Cbattanouga, and all poiut South at 7:'-H
A.M. and i r.n. Arriveat Chattanooga at r.jt.andJ.lti s.
a., next day. Beturuing, Leave Chattanooga at 6:tj x. a.
and s:45 r. x., arrive at Nashville at 4:J0 r. u. and 6:13 a.
next day.
All trains connect at Wart race for Shelbyvillc.
Nashville and Northwestern Line.
Leave Nashville for Johnsonvillj, and all points West and
Northwest, at 1:3) T. x., arrive at Johnsonville at 9.30 r. .
Beturning, leave Johnsonville 1:10 a. x., arrive at Nah
villi at 6:50 A. M.
Trains on N. and N. W. Railroads connect at Johnsonville
with first class line of Steamer for .Padacah, Cairo and St.
Louis.
Berths and meals free on Steamsr connecting with N. and
. VV . Bailroad.
Passengers by this route eav expense of sleeping car aul
meals between Nashville and Cairo.
Trains stop at all intermediate points.
WM. P. INNES, GenT Sup t
aprlotf N. k C. and N. k N. W. lUilroad.
t. josbtb. . aarra.
I. JOSEPH Se CO.,
AUCTION
AXB
COMMISSION MERCHANTS,
Corner of Gay and Mara Streets,
KaozTtlles TeBBssje
PAPER.
PAPER. AND BAGS.
HAZEN 4 SON HATE THEIR PAPER
MILL now in complete operation. Priatiaf and
Wrapping Paper furnished in aoy auaatitk-s required. Will
pay in cash th hight prk for clean cotton and liau Sag.
marSStf.
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