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title: 'Brownlow's Knoxville Whig. (Knoxville, Tenn.) 1866-1869, September 26, 1866, Image 2',
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BE0W3TL0W, HAWS & CO., PubMen.
YieftiDg up the other check.
Dropping bumbly ob the knees;
Closing lips when dared to ipeak,
Will not do in time like these.
Knoxville, Tenn., Sept. 26, 1886.
C. S. llrMAKK, No. 24, Broad Street, Boston, Mas,
is our regularly appointed agent to recede fubacriptleni
for oar paper in the States of Connecticut and M .Ma
The "Whig caii ho bud evry week at lb Newi
Depot of R. H. Singleton, Post Office Building
Johnsons Policy In 1S6I.
AM'BIW JohNSOU OS BtCONSTlCTle.
"In calling a convention to restore the 8UU, who tball re
store and re-etUbltoh It J Shall the man w bo gsvs his influ
ence aud hli means to destroy tlie Government ? Is be to par
ticipate in the greai work of reorganization T Shall he who
brought this misery open the State be permitted to control It
destinies I If this be o, then ail tbii precious blood of oar
breve soldiers and offlcert eo freely poo red out will bare been
wantonly spilled, all the glorioni victories won by onr noble
armlet will go for nought, and all the battle-nslda which have
been sown with the dead heroes during the rebellion will have
been mad memorable in vein. Why all tbii carnage and evns
tatlon ? It was that treason might be put down and traitor
punished. Therefore I say that traitors ball take a back eeat
in tue work of restoration."
Acrw Joensok in ravor Dtsria!ttsusisa Tn&tTOM.
M I say that the trai:erhaa cased to be a citlxtn, and in
joining the rebellion ha become a public enemy. Be forfeited
hi right to ot with loyal men when be renennoed hi citi
zenship and sought to destroy onr Government. We say to th
oott honest and Industrious foreigner who comes from leg
land and Germany to dwell among ns, and to add to the wealth
cf the country, "Before you can bs a cltlisn you must stay
her for flva years." If we are eo caution about foreigner,
who voluntarily renounce their borne to Mrs with us, what
should w aay to th traitor who. altbouch bora and reared
among as, ha raised a pariddal hand against the Government
which always protected him ? My Judgment 1 that be should
be subjected to a severe ordeal before be is reiored to cltifen
Awcitw Jobnbo.v in Favoa or Ixicrno Taairoae
"Show me who has been engaged In these conspiracies, who
has tired upon our flag, who has given instruction to takeoor
fort, custom houses, arsenals, and dock-yard, and I will
show you a traitor. Were I Fresident of th Cnlted State, I
would do as Thomas Jefferson did in 1106 with Aaron Burr. I
wculd have them arreeted, and if convicted, within the mean
ing and scope of ths Conetltutlon, by the Eternal God I would
execute them I"
A'Drw JonwboN Fatom CoxriecaTieK.
"Treason must b ma d odious and traitor must b punish
ed and impoverished. Their great plantations must be felted
and divded into small farms, and sold to honest, Industrious
ASCBEW J UNoo!. Jt'lMirD BY HlMtXLr.
" Whenever you find a man anywhere prating about the
Constitution of the United Etates, spot hint ; he's a traitor.
j4 Jeh-tcVi Campaign Speech at SathrlUe, September, 1W1,
Andrew Johnson on Conservatism and
Iu lite, in the United States Ben ate, Andrew
JoLnson, alias "the Moses of the colored race,")
now President of the United States, made a speech
in which he bitterly denounced Conservatism. The
speech can be found in the Congressional Globe, first
session, 35th Congress. Many Johnson men In
KnozTille have this Globe. Andrew said :
"OOXSZBVATISM ! Ir 18 rUI AKOCMKNT OT DZ5-
rOTo AJ.D TTBASTS, OKI THAT ENTAILS AJf SUIT
ING ISSTITUTIOS IS ITS FREfINT fOBM, TTBXTHZR IT
X RIGHT OR WHOSO."
No Eadi.'al ever denounced Conservatism more
btrongly than the President has. We admit the
tpeoch proves he has changed, for he is now a Con
servative, but it shows what Andrew was.
Andrew more bitterly denounced that class of
men who i to use his owa language) " prate about
the Constitution," than he has those who have prated
about Conservatism. In a speech at Nashville, in
166 i, vhich was intended to further his claims for
the nomination for Vice President, Andrew John
ton said :
"WHEN EVER YOU FIND A MAN ANY
WHERE PRATING ABOUT THE CONSTI
TUTION OF THE UNITED STATES, SPOT
HIM; HE'S A TRAITOR."
In this speech Andrew went further than we do.
W don't believe all men are traitors who " prate
is bout the Constitution." Unquestionably all trai
tors prate about it, and many so-called Union men
ho do so &re and have all the time been traitors.
Tbo cry of the " Constitution ' ' is the theme of the
Jchnsou orators. It is all they talk about, and in
their public meetings they should pass a resolution
denouncing Johnson as a slanderer until he retracts
this declaration, or they should cease declaring that
he is consistent and true to the professions on which
the loyal people elected him.
The Northern Elections.
From our exchanges of the Johnson party in the
Southern States, we see there is great disappoint
ment and niortincation among the "reconstructed"
at the result of the eloctions in Vermont and Maine.
The ya.sti.us " Moses," in his harangue of the 22d of
February, promised his supporters that the Radicals
would be overthrown when." the veofle" had a
chance at them. Ho said there would be a "ground
swell of popular indignation." Well, the "GROVSD
swell" has come and thundered "indignation," but
into the ears of Johnson instead of the Radical
party, as ho predicted.
The Telegraph, of Macon, Georg'a, wanes wrathv
over the result, and thus denounces the Yankees:
" It is in t-ympa'.by with their nature, and they
have practiced so Ion 2 on their puritanioal instincts
that. they have become impervious to the truth.
They have always made war upon tne Soutn, ana
will continue to do eo, for there is not a sentiment
in common between the two.
From New York, Pennsylvania and the Western
States, wo expect better things.
This abuse and vituperation ought to "play out."
You know by sad experience that you can't break
up the Union, and there's no use now " firing the
Southern heart." Cease following that short-sighted,
bad man, Johnson, and ro right, and your troubles
will end. The North asks no more than justice of
you in the ratification of the Constitutional Amend
ment, aiidyvj. knou it. They don't intend a Geor
gia negro (whom you pronounce incompetent to ei
orcise civil rights) to wield in Congress: the power
of four or five Northern white men. If you won't
allow the negro to vote, you won't be allowed to tote
"From New York, Pennsylvania and the West
ern Stales," you will learn what Maine aud Ver
mont have told you.
"My Policy" and its iufamous author are dead
Desperate Straight of the Johnson
The Coii6ervttics have been told, and made be.
heve by their leaders, that a great sensation and ex
citomout was created in Philadelphia by a white man
marching arm-in-arm with the negro Fred Doug
lass. So desperate were some of them to get a crowd
ou the l?th and SOIL, they were willing to resort to
anything to create an excitement. Accordingly, as
a last resort, as we understand, they deputed J. W.
Patterson to march arm-in-arm with '-Crazy Dave,"
a well (though not favorably) known colored man
of this city. Patterson profi'ered his arm to Dave,
which the latter indignantly refused to take, on the
ground that he would not hazard what little reputa
tion he Lad iu associating with so disreputable a
East Teskessee. There was a grand rally of
the conservative masses at Knoxville on the 10th
and -Cth. It is said to have been the largest politi
cal gathering ever assembled in that end of the State.
Atlanta (Geo) Intelligencer.
This Atlanta paper has more enterprise than the
New York Heralds It gives Knoxville news!
wbioii no person Knoxvillo knows anything
about. To say thdfcWieate copperhead pow-wow
was a large political gathering,, is as ridiculous as
was the con ven lion of the " three tailors" in Lon
don, who put forth an allress declaring, " We, the
people," &c V
. Radical Mass Meeting.
In our last paper we announced. there would be,
in a few weeks, a grand rally of the Radical party
in this city. We are not able to announce in this
paper the day of the meeting. ' It is not essential,
however, that there should be the time intervening
between tbe announcement and the meeting there
was of the late.Johnaon abortion. In a few hour
we can get a larger Union meeting here than the
. Johnsccite haj 'y tending Isaac' Joseph through
the town and rfcjjiity with his auction belL
0 Tic Ceppcrfcesa Fizzle.
for weeks it baa beea advert ied, in rebel news
paper throughout ths State, and in nam ing hand
bill tat all over East Tennessee, that there was to
be a " Great Mass Meeting " of the Johnson party
in this city. This GRAND affair mu to have come
of on the l&th and 30th days of this month. Dis
tinguished orators, statesmen and .heroes were to be
here from various quarters. In the language of a
hireling editor and thief, the people were to " come
from every direction !" and u come everybody !"
They were to come with their families." The ap
peal was made to " let every part of the State be
represented." "Lawyers, doctors, preacners, poli
ticians, farmers, everybody, one and all," were to be
here. ' -
In addition to this, a deliberate falsehood was
circulated, that, in tbe language of Chaplain Nasby,
Androo Johnson, the Great Showman, with his
Menagerie, would be on hand. Then, on one Bail-
road, tickets would be furnished the immense mcl-
tttcdi 1 1 at half price. On another at tvo eetiU.
Three hundred tickets were ordered to be sent to the
little town of Greeneville, the home . of his Acci
dency, (where we will say bat six were sold.) An
immense number of flags were ordered, and the bills
and valleys of East Tennessee were to re-echo the
heaven-rending shoots of fealty to Johnson, which
would make the terra-flrma of Knoxville quake as
Vesuias or Etna. If Dickens could have seen the
hand bills and advertisements and other prepara
tions for a grand Johnson "Mass Meeting," he now
wouldbe engaged on another "Great Expectations."
Well, the great days, the immortal 19th and 20th of
September, have come and gone, and there is noth
ing to mark their coming save the huge advertise
ments and loud blowing which heralded their ad
The u special train " from the West brought thirty
delegates, from the East sixty. Many delegates
on both trains cared nothing for the meeting, and
did not attend the speaking, but, having business
here, came on the " specials " at half price. A few
hundred persona from the city and county assembled
on the streets. The "Grand! I Procession," with
an imposing retinue of Marshals, was formed. We
understand there were three or four old carriages in
line, with nine wagons and a cart containing the
"lawyers, doctors, preachers, politicians, farmers,
everybody, one and all." The cart was drawn by a
horse branded " I. C. C. S." This was entirely ap
propriate, as many of the leaders of the party seemed
to be thus branded. The march began. There was
no enthusiasm manifested, and it was inappropriate
in our excellent Amateur Band to discourse fine mu
sk. They should have played the " Dead March,"
commemorating the dead Johnson. We have no
space for a longer obituary notice. Of the tenants
of some sepulchers, it may be said :
" While thy lived, they lived on olover,
And when they died, they died all over.
This Johnson concern seems to have been "dead
all over' from the beginning, and if it ever breathed,
like a young pup, which dies before the expiration
of nine days, it didn't live long enough to open its
eyes. RequitKat in pa:.
P. S. Since the above was put in type, we have
learned that one ticket was sold at Cleveland. This
town is claimed as a Johnson stronghold I
Yon are Rather Dark Colored, bat yon
cam come in.
RtTureni! W. B. Carter, one of the orators of the
late Johnson meeting in this city, is a very, dark
skinned man. He has always been called " Black
Bill Carter." But for the straightness of his hair
he would pass anywhere for a negro. No mulatto
or half-breed in the South is darker than " Black
Bill Carter." In his speech here he complained that,
" though an original Union man, he was disfran
chised under the laws of Tennessee, while Judge
George Brown, who was a rebel, could vote." He
added that his only consolation and hope of being
permitted to vote, was that "his skin was black."
He thought this would pass him with the Radicals.
We can tell the Reverend ! ! gentleman he is mis
taken. His black skin will not be a passport with
Tennessee Radicals, because they know his fuart is
llacler than his skin, or that of any negro in the
State. Radicals in Tennessee know he now has in
his possession some txentydwo thousand dollars
blood-mouet money he received to remunerate
the patriots who burned the bridges in 1861 money
intended to be paid the brave men who did this
work, and which should now be paid the widows
and orphans of these men who died in rebel prisons
and upon rebel scaffolds money upon which the
great TBlEr, Bill Carter, is living in affluence,
while the widows and orphans of Haun and others,
who are entitled to it, are begging bread. Carter
calls the Governor "King Brownlow." Says he is
"opposed to Brownlow having absolute power."
Well he may be. If Gov. B. had "absolute power,"
Carter would now be iu the penitentiary, with a
striped suit on, breaking rock, where he should be
for stealing thousands from widows and orphans of
martyred patriots. It was not greater sacrilege in
John A. Murrel to exercise the functions of a min
ister than in this thief, coward and villain.
William Blount Carter, alias Widow-Orphan-Rob
If the black men, of African descent, were as
black-hearted and hypocritical as this fellow Carter,
there would be no ad vocates of negro suffrage.
The President's Treachery.
A lengthy editorial in the Nashville Press and
Times, on the treachery of tbe President, is con
eluded in the following words :
"Need we say that such perfidy lays just founda
tion for doubtinz the curitv of the President's mo
tives, and gives unbounded cause for suspecting the
sincerity of his most deliberate and solemn declara
tions ? Even the adherents of his plan of restora
tion, while they wish for its acbievment, as they
understand it, must have a secret dread that he may
betray them in their hour of utmost need, as he did
nis party, as be did tne rreedmen, as ne did nis otate,
as ne nas done evemnine save nis own seinsi in-
The " secret dread " spoken of has recently been
expressed to us by several original secessionists of
different sections of the State. Men of influence,
who ardently support " My Policy," but who tell us
frankly, in social converse, that they look upon
Andrew Johnson as a "low-flung, unprincipled
demagogue, who is playing into the hands of South
ern politicians from motives of self-interest, and not
because of any conviction or principle." They tell
us, "as Johnson betrayed us in 1861, so would he
desert us to-day if shown his personal aggrandise
ment would be promoted thereby."
While loving the treason, the reconstructed des
pise the traitor. There is not one Johnson man in
Tennessee in every fifty who would not testify un
der oath that they regard the President as entirely
devoid of principle and unworthy the confidence of
From the Mountains or North Carolina.
The Jonesboro' Flag publishes a letter from a gen
tleman who has just made a tour through the loyal
counties of North Carolina, from which we make
the following extract :
Elixabx thtos, Tenn., Sept. 1, 1866.
Deer Grishani1 have just returned from the
mountain counties of North Carolina, and am truly
glad to say that the same tame of true and devoted
patriotism still burns upon the hearts of all the
same as in our section. .
They say, give them the men who were their
country's friends in an hour of peril and strife. Such
and none others will they support or stand by. Best
assured that the mountain counties joining the Ten
nessee line are unanimous for Congress.
The above is similar testimony to that we have
lately received through several private letters from
parlies who were pueted. Tbe counties on our bor
der are as loyal as East Tennessee, and a unit (the
loyal men) against Johnson. Such patriots as A.
H. Jones, the loyal Congressman e lect, are bearing
the banner as becomes true men.
Let Copperheads attempt rebellion in this State,
and several thousand such men as CoL Kirk would
come to our rescue on short notice.
The Grand Procession as it Passed the
When the Johnson procession passed the Court
House, it is estimated there were thirty persons in
the crowd, aside from the band and young ladies
representing the States. There were three negroes
in the cavalcade, one on a mule, the other on an old
mare. Following these was an old negro mounted
on a dilapidated water-cart, Tlrawn by a broken
down old mare. These negroes were a tenth part of
the procession at this place.
The French newspapers limit themselves to two
lines daily over the Atlantic cable. They gt only
the price of geld and cotton.
Daring bur connection with this paper since the
1st of April, 1865, we have been very often person
ally calumniated by rebel papers in this State. This
we expected. To edit a Union paper in a Union
hating State, to denounce as perjured recusant-traitors,
editors who had taken the amnesty oath, to
advocate, editorially and in public speeches, a law
disfranchising those who had been in rebellion were
certainly enough to bring down upon our humble
self the vituperation and hatred of the disfranchised
class. The files of the Kxoxyille Whig, will
bear witness that we have consumed but little space
in replying to personal assaults. To have replied,
through our paper, to all said against ns, would
have been to fill our columns with matter uninter
esting to the public. We never felt t here was a
necessity for so doiug. We believed that loyal
man would not condemn us on the testimony of vile,
unrepentant traitors, while tbe disloyal would hear
nothing in refutation of the slanders of their oppo
nents, though OB'S should rise from the dead to
speak. : ' ' ' . ' t
We are induced to make these remarks from see
ing a fllty assault upon us in the columns of an ob
scure rebel paper in this State, whose infamously un
founded attack has been copied by rebel papers in
and out of Tennessee. -
We refrain from giving the name of the paper
because its object in attacking us was to provoke a
controversy, and get its name in our paper and de
rive the benefit of being advertised in our largely
circulated journal. The assault emanates from a
low-flung journal which has no circulation, and
has been on the eve of suspending publication for
months. An irresponsible concern whose editor
proposed several months ago to defend the "Fran
chise Law" and Gov. Brownlow, provided he could
get a good share of State patronage.
In this he failed. Hence his malignity towar ds
the friends of the State Government.
After blac kguarding and slandering us in a man
ner which even our political opponents in this city
would testify to be false and unfounded, the corres
pondent of this bawdy-house-obscure concern, writ -ing
from the Lamar House of this city (at tho hour of
leaving hero,) among other things says: "John
Brownlow is entirely destitute of courage." In the
sense in which this word is used by a traitor, from
the banks of the Mississippi, we are perhaps "destitute
of courage." We are no duollist. Have never be
longed to the bowie-knife party. While disclaim
ing this character, we defy the man to point to a
single instance in which we have ever failed to re
sent by blows, an insult offered us when we could do
so on terms of equality, or with the prospect of a
fair fight: Not many weeks ago we visited tbe
traitorous city of Memphis. In Alabama, in a car
containing but one Union, man beside ourself out
of forty or fifty persons, we were insulted and de
nounced for having served in the Federal army.
Discharged rebel officers and soldiers armed sur
rounded us. We submitted to this denunciation,
thus encompassed by a mob, wholly unable to re
If this constitutes a cjwa&d, we plead guilty.
If such bravado and bullying is " Southern chiv
alry," may the good Lord in mercy deliver us from
such chivalry ! On fourteen battlefields of the late
war we have perilled our life in fighting under the
"Stars and Stripe." For our conduct on each and
every occasion we confidently refer to three thous
and Tennesseeans and tho gallant 10th Michigan
Cavalry, all the troops with whom we ever served.
Then, in conclusion, wo bid defiance to our tra
duccrs. " Lio ou while our rtveugo shall be.
To tell the v ery truth on thco."
Grant and Farragnt.
Andrew Johnson requested General Grant and
the great Naval Hero, Admiral Farragul to accom
pany him in the journey ho has lately made to the
tomb of Douglass. These great olficers could not
decline the invitation of the President, their Commander-in-Chief.
Common pclitonoss required
them, if physically able, to comply with the Presi
dent's desire. The purpose for which the President
was invited to Chicago has been perverted by him
into a demagogical-pot-houso-politician-oloctionecr-
In his journey to the tomb of Douglass, he has
made speeches at every city and at alnioit every
town through which he has passed.
Speeches in which a majority of the members of
CBgraa enj tUo pocplo"rr-liw uupport theUl Were
denounced as traitors. Speeches delivered for the
most part, while under the influence of liquor, aud
which would bo discreditable to ;t justico of
the peaco, elected with reference to qualification for
Invariably, alter tho President has epoken Grant
and Farragut have been introduced to the people.
On no occasion has either cf them uttered one word
in advocacy of Johnson's "policy." Many efforts
have been made to induce than to do no, but tkey have
The truth is, Grant and F&rra gut differ with the
President and endorse Congress They are soldiers,
and the President, according to tho Constitution, is
their Commander-in-Chief. It would not become
them to make stump speeches and denounce the
President, though they disapprove his Policy."
At Columbus, Ohio, while tho Presidential party
was there, only a few days before its return to Wash
ington, Gov. Cox had a long conversation with
Gen. Grant. Gov. Cox commanded an Army
Corps in East Tennessee. Few officers in the ar
my made a finer reputation than he.
From the correspondent of the Cincinnati Ga
zette, writing from Columbus, wo copy the follow
ing in confirmation of our assertion that Grant and
Farragut are with Congress:
"Between him and Gen. Grant there was a strong
bond of sympathy, both having met treason on
the battlefield, and both hating traitors now as much
as ever. It is well known that Governor Cox had
a long and interesting conversation with the Gen
eral, and that the latter expressed his views freely
on the political situation. He could not approve
the course of the President, nor did he think the
safety of the country lay in bis policy, but in that
of Congress. For copperheads and robels he had
the same hatred he ever had during the progress
of the war. These facts now being repeated by
Union men on the streets, confirms your Washing
ton advices as to the devotion of General Grant to
the Union cause.
I may add, that Admiral Farragul expressed
himself quite 6trongly. He said he was only a
passenger, and that ho by no means sympathised
with the President's policy, or his mannor of advo
Public Speaking by Judge llouk.
Hon. L. C. Louk has just completed a list of ap
pointments east of Knoxville, speaking in six towns.
At all places he had good crowds, and at some the
people turned out en masse. The Judge spoke two
and two and a half hours, and ably defended the
action of Congress and our State Legislature. He
thoroughly analysed the treasonable policy of An
Everywhere, with scarcely an exception, he found
the loyal people against Johnson and applauding
Congress. The miserablo failure of the Joh usonites
to have a large meeting here is good evidence as to
where the people of East Tennessee stand. To-day-Judge
Houk speaks at Loudon, to-morrow at
Athens, and on Saturday at Kingston.
Conrentlon of Johnson Sct-Iers and
A Convention of a small number of Soldiers and
Sailors of the Union Army, has just been held at
Cleveland, Ohio, and done what it was tolled to do,
endorsed Andrew Johnson. There were some good
men and good soldiers in the Convention, who were
actuated by patriotic motives, but will find they
have erred in judgment. The controlling spirits of
the Convention are notorious Copperhead.
The permanent President was Gordon Grainger,
who was selected by the President to be Provision
al Governor of this State, after the -deposition of
Gov. Brownlow, which Johnson bad determined
upon when our members were admitted to scats in
Gen. Custer was a witness, several 'months since,
before the reconstruction committee of Congress, he
said under oath (after having just returned from
commanding in Texas) that the spirit of disloyally
was rampant, and Union men were not secure in
the South. In a word his whole testimony was a
powerful argument against the President's "Policy"
and in favor of Congress. .
Mr. Johnson promoted the General from a Cap
taincy to Lieutenant-Colonel in the regular army.
Then the General turns up in Johnson Conventions
at Philadelphia and Cleveland. '
On the 16th of next month, an immense Conven
tion of Soldiers and Sailors, favorable to Congress
and opposed to Johnson, will bo held in Pittsbu rg,
Pennsylvania. This Convention will truly repre
sent the sentiments of nearly all the $6l$0m and
Sailors of the Baajular and Voljiotee.rmies of
the United States, ery few of them endorse An
Tlte New York Herald Opposes
This saga cious sheet in discerning the signs of the
times, continues its comments on the political situa
tion. It sees no hope for the President, and urges
him to abandon a policy upon which the people
have set the seal of their condemnation. We have
made the following gleanings from the editorial
columns of the Herald for the I5th inst: -
" We thus find, from the leanings of the Maine
election, that the true course for the Southern States
and tho administration, is laid down in the consti
tutional amendment of Congress. In other words
we are convinced, from the significant result of the
Maine election that this amendment will carry all
the Northern States yet to come, and that against
the solid North, any further resistance from the ad
ministration, or the excluded Southern States, will
be a waste, of time, foolish and suicidal to all con
cerned." "We wonld therefore urge upon President John
son the statesmanlike policy of a truce with Con
gress, an active co-operation with the fixed and pre
dominate public opinion of the North, in behalf
of the immediate restoration of the South on tbe
basis of this constitutional amendment."
" It is a compromise which the President ought
to have adopted in co-operation with Congress, and
which he ought now to adopt at all events, because
his conflict with Congress, if persisted in, will be
most emphatically decided against him. It cannot
be otherwise. The inevitable result is as clear to
the searcher for the true situation of things as the
light of the sun through the breaking clouds."
" The policy and the duty of President Johnson,
therefore, are as clear as a mathematical demonstra
tion, and equally clear is the policy of the still ex
cluded Southern States. We have earnestly advo
cated the President's policy; but, after the verdict
of the jury, the argument is at an end. The ex
ample of Tennessee in tbe ratification of the amend
ment is now the only alternative for the other
Southern States. Tennessee, in ratifying tho amend
ment, opened the door to the admission of her
members into both houses of Congress. She, by
that simple act, is reconstructed and restored. Cer
tain individuals of her people who violated their
oaths to support the Federal Constitution in going
over to the rebellion are disabled from holding any
Federal office, hereafter, until absolved by a two
thirds vote of each house of Congress ; but by that
voto they can be reinstated even in Congress itself,
if duly elected by their people."
" This amendment is going through. There is no
other settlement for the South. The Governors of
the Southern States, ought, therefore, to call heir
legislatures together at once to ratify this amend
ment, so that with the meeting of Congress in De
cember, they may be all restored to both houses."
Considering the position occupied by tko Heral d
until very lately, tho above extracts are very signif
icant. They show how trifling a support has been
accorded to the President's policy, and how com
plete is the conviction even of the copperheads that
it can nev er win. On tho other band, the Southern
States can see that .they-have been leaning on a
broken reed and ttial, in fomenting strife, in butch
ering loyalists at Memphis and at New Orleans, as
woll as in their audacity in attempting to' dictate
their own terms of reconstruction, they have been
sowing the wind, and are reaping tho whirlwind.
Wuekeas, The Johnson Kebeh of this State have
been soized with mortal dread, great tribulation,
and a deplorable weakness of the knees and spinal
column, lest " Big Buck Niggers " should " marry
their daughters and sisters," eat at their tables, aud
sleep in their beds ;
And whereas, if taid daughters and sisters are us
lovingly disposed towards said " Big Buck Nig
gers " as their lathers and brothers seem to think, it
is highly proper and right that they should bo legal
ly restrained ; therefore,
Be it resolved by the General Assembly of the State
of Tennessee, 1st, That hereafter it shall be unlaw
ful for the daughter or sister of any Johnson Kebel
to marry or associate intimately with any " Big
Buck Nigger;'' nor shall any "Big Buck Nigger"
eat at a table or sleep in a bed with any Johnson
Eebel ; Provided, however, that in the future, as in
tbe past, it shall be legal, right and proper for the
daughter or sister of any "Big Buck Nigger" to
marry or associate intimately with any Johnson
Eebel, eat at his table and sleep in his bed the
foolish old proverbs that " it is a poor rule which
won't work both ways,' and that "what is sauce for
the goose is sance for the gander," being hereby re
pealed and declared void and of no effect.
2d. No negro shall be equal to a Johnson Rebel,
no hoise to a mule, no mule to a donkey.
The above speaks for itself. Union men, unlike
Johnson Bebels, not having any of the above dread,
tribulation and weakness, but having confidence in
tho good sense and modesty of their daughters and
sisters, do not wish to disgrace or defame them by
having them included in the above proposed law ;
and it is more than probable if many daughters and
sisters could hear their " Conservative " fathers and
brothers prate about their " marrying big buck nig
gers," said fathers and brothers would soon be
shamed into leaving out that portion of their "Con
servatism" in their street talk.
The Speaking at the Johnson Meeting,
Various speeches were made at the Johnson meet
ing in this city. We heard none of them, and speak
of them only from reports of those who heard them,
of both parties. We don't think the so-called Con
servative party gained an accession from the ap
peals of any one of the orators, but it is conceded
that Hon. Thcs. A. K. Nelson made an eloquent and
forcible speech. On the right side of tbe question
Mr. Nelson makes a speech which leaves an impress
on the popular heart. On tbe u-rong side of any
question, so able and finisned an orator maKe an
entertaining speech, however srphistieal.
The Southern Loyalists and Governor
The Union League Club of New York invited
Govornor Fenton, ef that Stale, to preside at the
meeting at Cooper Institute, and to wclcomo the
Southern delegation of loyalists.
The following despatch was received from the
Albany, Sept. 10, 186t.
George F. Xoyse, Chuinnan :
I regret that prior engagements, extending
through the present week, will disappoint the hope
I bad entertained of extending a personal welcome
to the representatives of Southern patriotism and
loyalty. R. E. Frox.
It is expected that the Governor will rwivo the
delegation at Albany.
Gen. Washington on Copperheads.
If we had lived in 1779, the rebels of this day
would have charged upon us the authorship of Gen.
Washington's letter against rebels, copperheads and
swindlers, which comes to light through a rocent
In Guilds new volume, "Manning and Brown
University," we find this extract from a letter from
Washington, to Eecd, of Pennsylvania :
" It gives me very sincere pleasure that tho As
sembly is so well disposed to second your endeavors
in bringing those murderers of our cause, the mo
nopolisers, forestalled and. engrossers, to condign
punishment. It is to be lamented that each Stato,
long ere this, has not hunted them down as pests of
society, and the greatest enemies we have to the
happiness of America. I would to God that some
of the more atrocious in each State were bung in
gibbets upon a gallows five times as high as the one
prepared for Haman. No punishment, in my opin
ion, is too severe for the man who can build his
greatness upon his country's ruin.
A iw German Conservative paper has been
started in Nashville in opposition to the Radical
Union German paper. The Radical paper has a
good circulation, and id doing well. Sometime since
the Johnson ites had a German paper in Nashville,
which died for want of patronage There areluany
Germans in Nashville, but, like the noble Germans
throughout the North, they are loyal men, opposed
to Johnson. If this new rebel German sheet is sup
ported, it will be by passing the hat around like tho
Knoxville Commercial and not by its subscription
list and advertising custom.
Tbe Southern Loyal Committee.
The Committee'appointed by the Southern Loyal
ists' Convention to make a visit to the tomb of the
lamented Lincoln, and wipe out the slimy track of
the First Personal Pronoun, nave everywhere been
received with the most unbounded enthusiasm and
the most elaborate welcome. The central figure on
all, occasions has been our patriotic, undaunted,
thorough-going chief magistrate of Tennessee, Gov.
Brownlow, whom -we are so proud of, but whom the
reconstructed hate with such extravagant vindic
tiveness, and whose noble head they honor with
their fierce maledictions. Wherever he has appeared,
ne nas Dcen met witn a wnoie-souied greeting. Id
deed, the whole Committee has been received at
every town and city where they have paused, by an
enthusiastic outpouring of the masses of the people,
who have showered upon the fire-tried patriots the
plaudits with which they are accustomed to welcome
Grant and Farragut. .
But at Boston, on the night of the 12th of Sep
tember, the reception accorded to the committee was
of the most fervid character, and on the most mag
niflcent scale. " Never since the crushin of the re-
... . .1 . n . .... 9 . .
oeinon, says tne jsoston journal, "nave tne loyal
sons of Massachusetts made such a demonstration
in Faneuil Hall as was witnessed in that renowned
' Cradle of Liberty ' last evening. It was a sponta
neous outburst of the popular feeling upon the great
national questions now uppermost in the public
mind, and to say that it was hearty and enthusiastic
Will hardly convey the fervor domonstrated. It was
a gathering of the loyalists such as is rarely seen
except in a crisis like the present, when every true
lover of Union, country and freedom is inspired
with the grand and noble desire of vindicating and
sustaining those rights which have been so well es
tablished by the expenditure of treasure and the
sacrifice of life." It was an assemblage of thou
sands more than could enter the spacious walls of
old l aneuil nail.
At the same hour Tremant Temple was filled to
repletion to greet the noble Southern patriots men
who had been true when to be false was honor, when
the number of traitors was making treason respect
able. A large number of ladies graced the occasion
by their presence. A keen appreciation was mani
fested of the telling points of the eloquent and spir
ited speeches made, and a most hearty response
At Faneuil Hall, Gov. Brownlow made one of his
characteristic speeches, which we will try to find
room for to-morrow. Of the Tennessee delegates,
speeches were also made by Hon. Wm. B. Stokes
and Horace Maynard. We regret that our space is
so circumscribed that we cannot give the proceed
ings in full.
We see that great preparations are in progress at
Cleveland, Ohio, to give the committee an eleborate
and whole-souled welcome. The committe will re
main in Ohio five days, and will probably give a
further impetus to that 100,000 majority for Gov.
B rough which is now generally conceded at the elec
tion to come off on the 9th of October. Nashville
Press and Times.
. Opinions of Johnson.
The Rev. editor of the Literary Recorder, of Mer
idon, Connecticut, writes as follows of the President
of the United States :
" Andrew Johnson,, of Ten nessee, is a nativo of
Raleigh, N. C, and fifty-eight years of ago. A very
good tailor, he sadly mistook his calling when he
laid down the goose and took up politics. His worst
failings are, an insatiate love of whiskey, and an
uncontrollable temper. He will be written in his
tory as the greatest traitor of the age, and the most
heartily execrated of any American who ever
At a school exhibition recently in Massachusetts,
a gentleman who had been called on for some re
marks, wound up by saying " he hoped they the
boys would learn to make better Presidents than
the present incumbent of that office."
In a poem delivered last week at a New England
college, the poet said, describing President Johnson
as a man:
" Whose duty it is while his Cabinet doses,
To drink rum and water and call himself Muse."
Abuse of Gov. Brownlow.
The Independent, a strong Johnson paper of
Huntsville, Alabama, is growing disgusted over the
conservative abuse and slang incessantly heaped
upon Governor Brownlow by his exchanges. Ho
sees that it don't pay, and looking apprehensively
towards the coming reaction, he exclaims : " We are
heartily sick and tired of seeing abuse of Brownlow
in our exchanges. Would not silence on the sub
ject be more seemly ?''
HoiiEbT COSFESSIOJI OF A JOHJTSOH MAX. A
glimmering of the truth iff regard to the Condition
of public sentiment in the free States is reaching the
benighted Southern Johnson editors. The Richmond
Examiner, one of the bitterest enouyes of the Radi
cal party, says:
Our private advices from the North represent a
very serious state of things as existing' there. Tho
energy and determination of tho Radicals were
never so great as now.
We, in the South, should egregiously deceive out-
i .it , i .
svivee ii we suouia laue it lor grantea inat success
it A curtitiik for tho liww ox' uiuoi vtfrtlau.
no means cortain
IV io t-r
Conservatives The great English historian,
Macaulay, gives the following definition of an in
dividual who calls himself a Conservative : "Every
where there is a class of men who cling with fond-
, 1 i r i. v f fha n,-...,. i ;, ; . i
convinced by overpowering reasons that innovation j who livcs in the mounUin9 of East TenneH:
Railroad Stockholders Propose to Sell
It h reported that tho dividend accruing
from the sale of tickets to the Johnson Con
vention has been so great that the Stock
holders contemplate selling their btock and
retiring to private life. Presidents Bran ner
and Callaway walk our streets with tho
blandest smiles, feeling they have the best
paying Koads in the United States. They
are so flush with money as to have gener
ously raised the salaries of all their em
ployees. A Boy Struck Blind for Blasphemy.
The vengeance of the Almighty was visited on a
boy named Richards, on Sunday week, says an
English paper, in the most awful and sudden man
ner. It appeared that the lad, who is thirteen years
of age, and the son of parents in the most humble
circumstances, was playing in the street with four
or five other lads about his own sge at "cat and
dog." Richards and his companions had been
playing for some time, when a dispute arose be
tween them as to the " notches" (or jumps) Rich
ards had scored. He declared that he had made
more than twenty, and his opponents protested that
he had not scored so many.
High words and bad language were freely used on
both side. Each boy accused the other of false
hood, and at length iticnards, tailing to convince
his companions of the truthfulness of his statement,
flew into a violent rage and emphatically shouted,
"May God strike me blind if I haven't made more
than twenty." He had scarcely uttered the adju
ration belore ne let the '-dog drop out ot his hands
and, throwing up his arms, exclaimed; ' Oh, dear,
I cannot see.'' His companions ran to him, and
finding what he had said was true, at his request
led him home, where on an examination, it was
found that a thick film had overspread each of his
eyes. In this miserable condition the unhappy
youth has remained ever 6ince, and we are inform
ed that there is little or no prospect of his sight be
ing restored. '
Education In Virginia.
Tho Charlottesville Chronicle says :
The Governor has struck the nail on the head,
when he recommends in his message a system of
common schowls for Virginia. It is the duty of the
State to see that every child within its limits (we
leave out of view for our present purpose the negro
race) shall have the rudiments of a common school
education. The only objection that this is a Yan
kee institution will not weigh, now that we have
learned that the Yankees took the road to empire,
and the South the path to subjugation. We com
mitted, under the fatal teachings of a falso political
economy, the dreadful blunder of trying to stand
still in a world of motion. The Yankees, follow
ing in tho wake of the Greeks and Romans, adopted
the inelegant but substantial maxim of "Go Ahead"
and now this great State of Virginia (great in the
capacities of the race that constitute her sparse pop
ulation) is behind New York, Pennsylvania, Ohio,
Had we yielded to, instead of resisting, the mani
fest spirit of the age, we should not to-day havo
seen Mr. Thaddeus Stevens and Mr. Charles Sum
ner dictating the most repulsive measures to the de
scendants of Washington and Mason and Henry
and Marshall and Jefferson and Madison, and the
Lees and Randolphs, the Pendletons and Wythes.
Fas est doctri ab hoste, (it is lawful to learn from an
enemy,) and with a soil and climate equal to any on
tho continent, and a population that even in its ad
versities challenges the respect of all impartial minds
in the civilized world, Virginia may yet enter upon
a career that will atone for a half century of slum- i
ber. Conspicuous among the efforts that must be
exerted to place our beloved old Commonwealth on
the road to prosperity is the diffusion of knowledge
among the masses of the people. While we foster
our internal improvements and all industrial enter
prises, we must also seek to rear up a population
that shall awaken to a new and vigorous mental ac
tivity. The elementry school, free to the humbleit
and poore-t of our children, lies at the foundation
of any such purpose.
would be beneficial, consent to it with many mis
givings and forebodings "
Tbcy are elaveg who dare nut by
In the right with two or three.
A correspondent of the Philadelphia Press re
mprks that it is great injustice to Judas to compare
him Andrew Johnson. Judas did not go traveling
round the country on his thirty pieoes of silver, but
went and himg himself "like a gentleman," and
gave up his spirit. Johnson will do neither.
see, and is aged one hundred and twenty-one years.
She is blind, but, being quite heirty, walks without
assistance. Her memory is unimpaired, and she can
recount many of the events of the Revolution with
great accuracy "
The Huntsville (Ab). ) Independent, of the llth
instant, says : "R-W. Coltart, Esq, was arrested
yesterday on a charge of treason. A bond of $13.
000 was required of him, and given. Mr. Coltart
had been pardoned by the President long since. He
wi? Con federate States Marshal for Nort h Ala
bama." .... .
, AYEB'S AGUE CUBE, .
4 roB tbi spktDT eras or
Intermittent revert or Fever and Ague
Kemlttent lever, Chill Fever. Dual
Ira, Periodical Headache or Billion
lleadache. and Billions lever, Indeed
for the whole Claaa ol diseases Origina
ting in biliarr derangement, caused by
the Malaria of miasmatic countries.
VrTvr and Azae in not tho only conrntquence
of th mlinutlc nnfonn. A treat variety cf
f Usorar arise from ita Irritation, in malari-
1:1 V i ou districts, among whk-h are Smtmltf,
M - fkn.MAVM. i .... FT I t TmA.
W mrhc, Earache, Catarrh, Atthma, ralpiltUion,
raMnl Ajfectiom qf lie fylen, UgUnict, Pam m th BoieI,
Colic, frratgsii aud DermnfmuHt of (Me Stomach, all of which,
when originating in this canw pnt on the intermittent type,
or become p r iodic. This Celt expels the poison from the
blood, and thus cures tliemall auke. It Is not only the most ef
fectual remedy erer diacoTered for this class of complaints, bat
is the cheapest and moreoTerJ pofectly safe. So barm can arise
from its use, and the patient when cured is left as healthy as
if be had neTer had the disease. Can this be said of any other
cure for chills and ferer ? It is true of this, and its impor
tance to thee afflicted with the complaint cannot be orer es
timated. So sure is it to cure the Fever and Ague, ' that it
may be truthfully said to be a certain rrmedr. One dealer
complains that it is not a good medicine to ell, because one
bot tlo cures a whole neighborhood.
Prepared by J. C. AVER CO., Lowell, Mass., aud sold by
Druggists and Dealers everywhere, in KooxTille, at wholesale
an I retail by E. J. SAXFOBD 4 CO. wptlMm
EBBOES OF YOUTH.
A Gentleman 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 be was cured, offerers wishing to profit by the
advertiser's experient", can do so by addressing, in perfect
connaence, juu.. B. uuvu,
sep5-3m No. U Ceder troet. New Tork.
viKS. WlJiStOWS IHI'STIC FILL
Queen Hair Bestorer,
Are new to the public, but are tried remedies, and a. such they
are offered, knowing that a fair trial will convince the most
skeptical these medicines posses virtues which no other prepa
rations of the kind have, and will add laurels to the name of
Mrs. Winsiow. See advertisement another column. sep5 lm
ITCH ! IT0H ! ITCH !
SCRATCH! SCRATCH ! SCRATCH !
Will Cnre the Itch in 48 Hourw
Also cures SALT RHECJf, ULCERS, CHILBLAINS, and
all ERUPTIONS OF TBE 8KIN. Price SO cents. For sale
by all druggists. By sending 60 cents to WEEKS A POT
TER, Sole Agents, 170 Washington street, Boston, it will be
forwarded by mail, free of poetcge, to any part of tbe United
COLGATE'S HOXEY SOAP.
This celebrated toilet Soap, in sncb universal demand,
is made from the ehoicest materials, is mild and
emollient iu its nature, fragrantly scented,
and extremely beneficial in its action upon the skin.
For sale by all Druggists and Fanfy Goods Dealers. feb21-ly
SUPREME COURT NOTICE;
THE COUKT MET ON THE 2d Mon
DAY in September, IStiC, according to the time fixed by
law for holdinz the Supreme Court at Knoxville, and in con
sequence of the illness of his Honor A. Hawkins, he has failed
toappear, and the two Judges upon the bench think it be to
the public interest of the country to have have a full bench
on the causes remaining on the docket.
It is therefore ordered that this Court stand adjourned until
the 4th Monday in October next, being the tf day cf the
month. Until at which time tho Court is adjourned. When
tbe unfinished business of the Term will be taken up and
beard. And that the Clerk ot this Court cause this order to
be published in some newspaper in the town ef Knoxville for
four successive weeks. A true copy of the order. Test :
Sp2'l-lt M. L. PATTERSON.
tt KEROSENE OIL, at tho Dm
S Store of
S. D. MITCHELL A CO
LAMPS! LAMPS! LAMPS!
N ASSOKTilENT OF KEROSENE
OIL LAMPS AND FIXTURES on band. For sale at
Drug Store of sep20 S. D. MITCHELL CO.
NEW AND RICH JEWELRY.
G. H. SMITH HAS J UsT RETURNED
from New York with a new and elegant stock of
Watches, Clotks, Silver and Silver Plated Goods, Spectacle,
Gold Pens, Gold Chains, Ac, Ac.
All Goods w arranted as represented.
Fep2t)-lm GEO. U. bMITU.
lVEEYEODY WANTS A CLOCK.
-1 J Go to G. H. Smith's Jewelry Storo aud 1-uy one of thoe
new Clocks cheap. ep26-lm
ArOU WILL FIND A BETTEIi
SOBTMENT of Spectacles
than anywhere in town.
Smith's Jewelry Store
PROPOSALS WILL BE RECEIVE!)
v undersigeti mi inwuu ou, lor the erection ui
brick building, one story high, seventy-fire feet long and
twenty-five feet wide with an ell of twenty-five feet, furnished
complete. The brick may be made npon.ths Hospital ground,
near tho E. T. and Ya. Railroad, one mi'e from town.
Proposals will also be received for the brick and wood work
separately. The work to be done according to specifications
in the hands of the committee, and with the idea of occupying
tbe building iu December.
The Committee reserves the right of rejecting any or all of
the bids made, if in their opinion tho interest of the enter,
prize require it. O. F. HILL,
R. V. JOUROLMON,
OOXVILLE AND KENTUCKY KAILS 0AD
THE STOCKHOLDERS OF THIS
Company are hereby notified that the Stock receipts
held by them can now be exchanged for certificates of Stock
upon application at the office of the Company.
eep2u-lni R. CRAU.HEAD, Bee. aud Treas.
TENNESSEE DEAF AND DUMB SCHOOL.
THIS INSTITUTION WILL BE RE
OPENED as soon as the build ings, which are now being
thoroughly repaired, can be placed in a condition to receive
pupils. R. D. JOUROLMON,
pp2t-o: Secretary Board'of Trustees.
NFOEMATION IS DESIRED CON-
CERNING Elizabeth C. Sneatmanaud Clarrisa Caroline
Sweatman, who left East Tenne-see for Georgia, some 9 years
ago. They will hear of something to their advantage by ad
dressing HARRIET ROSE, care box 215, Knoxville, Tenn.
ECLECTIC MEDICAL COLLEGE.
CITY OF NEW YORK,
Clittrtcrcri. April Tirent) 'second 1863.
Robert S. Newton, M.D.. Prof, of Operative Jiurjery and
Surgical Di "tares.
Paul AV. Allen, M.D., Trvf. ot Theory and Practice of Med
icine. Wm. W. Hadley, M.P., Prof, of MaterU M-dic and Thera
peutics. Thomas D. Worrall, M.D., Trot", of Obstetrics aud Diseases
of Women and Chiidreu.
Edwin Freeman, SI. D., Truf. of Descriptive and Surgical
John M. Youart, .V.D., Prof, of 1'hyeiology and Patholopv.
J. Milton Sanders, M. D., LL.D., Prof, of Organic and Phy
The supply of material for di--ction in ample, andl'uruiihvd
at a mere nominal price.
REQUISITES FOR GRADUATION.
S.tme s all regularly chartered medical colIrc.
COURSE OF INSTRUCTION-
Thu esions for lSw-'7 ill embrace preliminary and reg
ular terms. The preliminary term will commence on October
1st, and the regular term, Oi to'-T 15th
Fees for a full course -I"",
Matriculation Fee 5
Demonstrator's Fee .",
Graduation Fco ;m
Hospital Tickets 3
Good boarding, iu tho viciuity of the College. tnv ..- had
for about live dollars per week.
The Eclectic school books are r. commended.
i'vr further inf'-rmaMon address
KOBERT S. NEWTON. M.IV,
2 Eat Eighteenth Street.
New York ity, !. I '
American Eclectic Medical lie. lew
f. Ttosniiv BF'.oRn or sedicisk ad tup coliailral
This Journal is published on tUefirt of every mouth : each
number containing furty-eixht pases, making au slaborate
and practical volume, each year, of 57G fag'-.
tne i.'iitoriul Management 11 under the control '
ROBERT S, NEWTON, 31. D.
LL'WIN FREEMAN, M.D , AhmU Editer.
The true and distinctive rriucipl" -f E--'lc:ticim ar uu t
ly adhered to and ad-ocated.
rriws or trsunTi'iN :
TWO DOLLARS PER ANMM, lit A-hau-.'..
All Luiuaiuuicatious ibould be addressed to th? Leslie
Sledical Review , 22 East Eighteenth St., New Yolk City.
Supreme Court Opinion.
K SOX VILLI, TlKStsSEB, 8tFTiaittt.'TlBS, 13.
T1IOMAS II. CALDWELL, Attorney General.
SAMPSON WILLIAMS vs. 13.VAC OOIN3.
This Is an action of trmnasa. brought in the
for the county of Hancock, by tbe defendant in error against
the plaintiff ia error, lor an assault and battery lor injur?
done to the property and person of tbe defendant in srror
The declaration contains bnt one count, aud aver the plain
tiff In error did beat bruiso and Imprison him, and by reason
of threats, forced him to leave his homo and lice to the Stat
of Kentncky. ,
Whereby his dwelling hou and ither property was da
stroyed. The ple of not gnlltwwas Hied to the declaration
It appears from tbe proof in loot, the defendant with nftn
or twenty other men came Into the town of Sneivi!le, much
excited, and some one in the crow 1 said to to defendant in
" bT,d1DO 8" do.w . h" ke they would cut oO
his head, they had com. to driTa ,na Lineolnites out of the
town. The defendant did not get down ., commanded. The"
was much abusive language used by the crow.!, of which th.
plaintiff in error formed a part. There was no blow, or otheT
injury inflicted on the defendant in error, or any attempt
or offer to inflict auy injury npon him. Shortlv thVrwSir
the fenaant left ,h. crowd .Td returned nom.' .'f. . hJdLT,
he went to the State of Kentncky, joiaed ,h. ,".T
and was absent three years, duringh,, aWnce hi, dweiw
and out-houses were destroyed ; tWe i, BO prf the pTatnt"'
in error had any agencies In the destruction of th.
on th. trial ef the cause, the counsel for the plaintifl in .mi
objected to the proof going to the jury of th. .Viendant tViol
to Kentucky, and the destruction of bis property ouIm ihi
plaintiff in error was connected with it. The ol jction was
overruled, and the evidence permitted to go to tho jury. The
court, among other things not accepted to charged th. jury
' If the plaintiff in error, or the mob, or any one of them
while so assembled, by their acts, menaces or threats, cani
the defendant in error to leave his home aud fumily, nj
while absent his property was destroyed, the plaintifl in error
will be liable for the destruction, provided you ar. satisfied
from the testimony that the defendant in error C"uld hav.
ssved his property if he could have remained at hnm."
A verdict and judciuent wa rendered iu favor of ths de
fendant in error for Sl,wJ; a new trial was moved for and
refused, tbe plaintiff in error has appealed t i this court. Tbe
charge of the court is erroneons, tins being an action fur an
assault and battery, the defendant in error could only recover
such special damage as are strictly the conwiueocts ol the
trespass committed. The acts done must cunstitute apart
of one entire transaction of which the principle trespass was
the commencement. 4th Hump. 1:4. The court erred in per
mitting the proof to goto t'ujnry that tho defendant had
left for the State of K.ntncky, and tbe subetieut detrac
tion of bis property, unless it sppeand it wa a part of the
original trespass and ocr transaction, and tbp!ain:lffin error
was present aiding and abetting iu Hi- d":ructin of th
proyerty. From an examination of tin. record there is no
proof to sustain the verdict of the jury. The plaintiff in er
ror was in a crowd of men when violent aud abuuve languag
was used to the defendant in error by some one in the crowd,
he was not otherwise molested or disturbed, no assault or bat
tery was committed on his person, or other injury done him.
A few days thereafter he lctt his bom. for Kentucky, during
his absence his home and ont-buildings were destroyed. Ihjre
is no proof the plaintiff iu error had any agencita whatever
in the destruction of tbe property, nor is theie any proof that
he molested or need violent language to the defendant in er
ror, he ss with tbe crowd hal used the oSeusite epithets.
and if an injury had been done tbe defendant in error or anv
party with which tbe plaintiff in error was associated, they
having assembled for an unlawful pnrpose, tue plaintiff in
error wonld have been responsible for the conseqneuces.
it is a settled principle of this court if there is any .videnc.
to sustain th. verdict tt will not be disturbed. In "this case
there is a total want of .vidence, it ought to have been set
aside and a new trial granted, a large discretion is vosted In
tbe Circuit Judge in such cases, and where the verdict is not
sustained by the proofs it ought to b set aside. The peace
and quiet of the country greatly depends npon the proper ex
ercise of this discretion, and never before iu the history of
our country has it been so important for the Circuit Judges
of the State to so seduously guard the trial by jury, aud see
that it does not become a means of oppreiou rather than
justice unless the verdict is sustained b) the prc"f it ou-ht not
in any case to stanu.
The judgment is reversed aud a new tual awarded.
SHACK ELFOKl', JuJe.
A true copy, Test : M. L. Pavtfusos, Clerk.
Decision of the Supreme Court.
Judges Sam Mima Ay, James C. Shackelfohd,
A3fD ALVKT X1AWKISS.
Thomas H. Caldwell, Attorney General and Re
SAMUEL B. DAYIDSON v. BENJAMIN MANLOVE.
This is is a suit brought by the plaintiff in error asainstthe
defendant for the conversion of a mare. It arpears the
defendant in error, in September, 1S02, went with a parry to
tbe house of plaintiff tor the purpose or pressing horses for
the rebel government. The defendant did cot bc'.uug to the
command, but was along to gie receipts fjr horses taken.
On arriving at plaintiff's, tbe horses were, by order of defend
ant and One Young, driven, into a lot. The mare was caught,
the defendant remarking she wonld do. The animal was ta
ken off by the party against the remoBstrauce of plaintiff. A
the company were about leaving, the deft ni nnt said be would
trv and eet them to return her. The defendant went to the
camp of the party, and remained with them all uit;ht. Ou tbe
next morning he saddled aud rode the mare. Difring the day
she was accidentally shot and killed. It appears, from affida
vits, after the jury had return d, the drundaut and one ot
the jury vtero seen iu close conversation, and a short tiu
thereafter the jury returned a verdict.
Tho court, among other things not excepted to, t br -..J the
jury, " if the defeudant, though oue of tbe party objected tn
any interference witn tne norse, was opposed to i-.amg it, did
not aid in taking, yet if the horse was taken by others, and he
afterwards saddled the horse, or had mauv.al possesion ol
him with the 6eaa M intention of returning him to the Dlain-
tiff, be wonld not be responsible of liable to a conversion. "
The jury found a verdict for defendant., the p.';-intill moved
for a new trial, which motion was overruled, and the plainirfl
has appealed to this court. It is now insisted that a portioD
of the charge set out is erroneous, or tended to mislead the
jury. Inat portion ol the charge, as an abstract question of
law, is correct, out was not applicable to the tacts ot the rasn
before the jury. According to the rulings of this court, it is
no gronnd of reversnl unlets the charge K-ndcd to mislead the
jury, trutcher vs. rieiuing, - linnip., ;a: In the case ol
Bridges vs. rsect, zuunip., on-, tne settled principle of tail
court is, in declaring the law to the jury it is highly pronei
for the Judge to court ne himself to a clear and explicit tate
ment of the principles which, iu his judgment, have an im
mediate application to tho facts of thecase before him.
We think, in this charge there is net that rror that would
authorize a reversal of the judgment.
2. It is insisted there is no proof to support the v. rdict. It
is the settled principle of this court, as announced in reported
decisions, for more than twenty-five years, tuey w.il net re
verse tbe judgment of the Circuit Court if there is any evi
denceto sustain theverdictof the jury, and thii principle i-
now too well settled to be disturbed.
In tbe case under consideration, we think theae ii no prool
to sustain the verdict of the jury. The defendant, with oth
ers, went to the house cf plaintiff' without let-al aulhonty
bad his horse driven np into a lot directed the animal caught
remarking she would do. She was taken off by bim and his
party. Ho was engaged in an unlawful act, and he aud bis
associates were trespassor. and giilty of a conversion in ta
king tbe animal of the plaintiff. Tho defendant assumed t
exercise an ownership over the property of the plaintiff, un
authorized by law. The taking was illegal and tho defendant
was xuilty of a conversion. On the day following tlictnare
was used by defendant the conversion vm complete, asid the
assumed coutrol of the animal the next dav was but tbe Cir-
--- r - ..... .. j , . 1 - . 14 f'I'-VI
the taking the mare from the poession of the plaintiff was
against the will of the defendant, and thero'is no proof he de
signed to return the mare, and if there wa it would not re
lieve him trom tils tortious acts tue day prev ious. The protec
tion of the law is thrown around the property of every citi
zen and auy unauthorized assumption of ownership over it is
wrong for which the party is liable. Ihere is no "evidence in
sustain the verdict, and it was error iu the t'ircuii Judge in
refusing to grant a new trial. .
3. It is insisted the Judge in refusing to jiaut a ucv trial
for the improper conduct of defendant Wttu the jnior while
the jury had the' case under the consideration. ki error for
which this Court will reverse. In the view ne have of tho
law governing thiscaso, it is unnecessary for us to determine
this question at this time. Such couduct ou the part of a
suitor is highly improper and reprehenibl-, aud should call
forth the severe censure of thu Court. Mn mn-,t not be per
mitted to tamper with jurors before whoiu their suits are. Do
ing tried, aud being aeen in close conversation with them dur
ing the trial or whilo they are considering of their verJict.
The circumstance unexplained is sufficient to authorize th
Circuit Judge to graut a uew trial, and to subject the party to
punishment by the Court for contempt. Ihe fountain r.i
justice must be kept pure and free from suspicion, or the cttl
zen will loose ail respect lor the laws, an 1 tn" rights of per.
son and property will become insecure Suitors and Jurors
must not place themselves in a pxiti iu v h'-re ti;eir conduct
Tbe judgment of the Circuit Court is r..nr-. d, t n tv trlil
is awarded and the cause remanded.
Attest: J. G. FliAZi.K, Clerk.
A.ND MEMPHIS KA1L-
AS y UAL MEETISG
GRAND LODGE OF TENNESSEE.
AT THE 11EQUEST Uir" MANY KEP-
li. r.ESEJiTATlYES of the subordinate Lodges, made in
conseqnence of the prevalence of Cholera in this city, and
other portions of the State, the succeeding Annual Communi
cation of the Grand Lodge of Tenne is herrW postponed
First Monday in December next,
being the 8d day of the month.
Representatives of Lodges in and near the city of Nash
ville are required to meet at the Grand Lodge Boom on the 1st
Monday in October, for the purpose of adjourning the Lodge
until the above named time. 'o other business will be trans
acted. By order of tho M. W. tirand Master.
CIIAKLE3 A. Fl LLtr.,
E. TV M LEY vs. CLAKKSVILIE
The writ iu this case commands th Sheriff to summon O tt .
Hening, A. L. Allensworth, E. Tumley, and Thompson An
derson to answer the Memphis, Clarkviilo and Louisville
Railroad Company, In an action to its damages seven hundred
dollars. It was returned, served on A. L. Aibnswoith, and
E. Tumley, and Thompson Anderson, and net foun t as to O.
W . Hening.
Tho declaration io for live buudied dollars doe the plalutid
from defeudant furs note executed by A. T. Allensworth and
O. V. Hening on the i-th day of August, 1k59, payabie to de
fendant, Edward Tnmley, on tbe 3d day of January, 160, and
by him indorsed to defendant, T. Anderson, and by him in
dorsed to C. G. Smith, Treasurer of thi 31. ('. an 1 L. Rail
road Co., said note payable at the Bank of Tenueneeat Clarks
ville. And tbe plaintiff says there is due from the defendant
on said note live hundred dollars with int r- st from first ef
Jauuary, lW, and protest fee".
At the January term, lol, the plaintiif entered a e
prosjiii as to defendant Ileuuiui. and took judgment by dc-
lanlt against tho other defendants lor the sum ol nve buudied
and two dollars debt, in the declaration mentions!, as stated
in the entry of the judgment, und thirty-cue dollar! snl
tweuty-five cents interest thereou.
rom this judgment I umiy aloue app ai' .i iu error lo t'ns
First It will be observed from the statements of the decla
ration, which have been quoted above, that there is in the
declaration no averment of presentation fur, and demand of,
payment, and of notice of non-payment to the indorseis. To
render them responsible the uote should at maturity have
been presented for payment and demand of payment made,
and if the same was uot paid notice of tiou-pavmeut given to
the iudorsers. The averment of these facts in the declaratiju
was an essential one, and without such averment there is no'
sufficient facts appearing in the record to sustain the plaiu'i -recovery
agaiust the defeudant Tumley as an indorscr. The
utmost effect of the judgment by default in anv view of ih
matter is an admission of the facts stated in th" declaration of
the plaintiff" s ground of actiou ; and as these facts of present
ment, non-payment and notice are not stared iu tho declara
tion, the judgment by default cannot be held to have admitted
them. The consequence is that the pl-.intitt has neither stated
nor established such a state of facts as sho'ved ho had a legal
right to recover agaiust the defendaut Tumley. ,u n in'lor-ei .
For this rcasou the judgment of the court below mu-t be re
versed, and tho cause remanded for another trial. ten io
cases where there are verdicts such a defer t as the one iu th'
present case is uot cured thereby. lalo vs. Aik -n,7 Yer. ?.
J.','). Want of title is not cured in auy case by v.-rdict ; d fee
the averments are, btcause it is pp-sunied thai although tlx
allegations are not made with entire certamty an I precir-ion
they were proved to the satisfaction of the jury. But this
cannot be so used as to dispense with an averment material
to the plaintifTs right of action. Greer vs. Bumpus-, .'fartiu
and Yerger, l'Jl, i.4. But iu the ca-w of tie- judgment by de
fault fhere is not as toono founded upon a verdict of a jurv
any foundation for a presumption by which the judgment.
may.be aided. Tho caso stands npou the rcord alone, and i!
that fails to show such a state of facts as gives the plaiutifl t
right to judgment against the defendant fur want of the. aver
mcut of facts material and essential to establish his riht ot
action against the defendant, there is nothing to authorise a
court to presume tbe omitted facts existed. In view of th
very great liberality of intendment in favor of the proc-e '
ings of tho inferior courts sine, the adoption of our Codu. tic
court would probably in a caw of judgment by default in
which the statement of a plaintiffs cause of action iu hi-,
declaration was only a defective statement of sueh a cause . :
action, feel authorized to sustain tbe judgment. Code, sect! a
2,bo4 : ""o writ of error, or other proceeding in civil' actions
in the Supreme Court of this State, shall be .nahed or di
missed for any defect, ojiissiunor imperfection.
Code, section 2,8io : "All demurrers, motions in aiiest ef
judgment, writs of error for matters of form In civil suits arc
abolished.' Cod swetion 2,Soo ; In malarial variances, ei -rors,
omission or defects in all these cases may be diaregarde-.:,
or the court may direct an amendment v. ithout cost.' lode
section 2,&t7 : The court may allow n vterial amendments at
auy stage of the proceedings upon such tortus and subject to,
such rules as it may prescribe.'' Code, section "
civil suits shall be dismissed for want of necessary part;-s. or
on account of the form of action, or for want of proper aver
ments in th. pleadings.
These broad and ample proviaiuus of the (,'odo fully author
ized tbe court to disregard ail immaterial variances, errors,
omissions or defaults, upon the trial of a writ of errors, or an
appeal in the nature of a writ of errors, from judgment by
default, within this category a cause of action defectively
stated in the declaration uiii:bt be held to fad. E jt these pro
visions do not authorize it to su-tain a judgment by default
in a case in which there is an omisiou iu the plaintiff s declar
ation to state any cause of action agaiust the defendant. It
is therefore constrained to rever-a the judgment in the present
case. But in view of tbe fact that the facts which were omit-t
ted. to be stated in the declaration may exit, the court w ill
only reverse the jndgment by default and remand the caus
for a trial upon its merits with leave to the plaintiff to waiend
the declaration. v. f, aji rLlL 1., pecial Judge.
AlteSi: ... r.i.,vjri,.
Applications hav. been made to the Tresiding Officers of the
Grand Chapter, Graud Council, and Grand Commandery for a
similar postponement until the Second Monday in December,
which, uo doubt will be approved.
CHARLES A FILLER,
Papers friendly to the Institution are requested to notice
tho above. ep2'it
Txisr.vS l"i tt Jrntir
Archibald Story, Adm'r of Bowling riowers, dee'd vs W
Hildxeth, Abner Uildreth, Joseph Uildreth, Georee. "
Vest Gwinn and Lafavette Goodbla. -wmn.
IT APPEALING FltOAI THE VFFI-
J- DAVIT in this cause that WUliam Hiidrath, bu. -n;i
dreth. Joseph HUdretb, George Gwinn, Vest tlw
la Vet If. I .IMUi 1 1 la . T. AH.h.i.l.... .V' . .
j ..uiuviik VJ 1 IUI8
?iaie or so aln.i
i? , Ik r;1""r'Pnf ? Ct UW CaDDO "ed UPOU them .
It is therefore ordered that publication be made for four ,ur
ceseive weeks in Brownlow s Whig, notifvinit th . ,i , , ,'
anf to appear before the Judge of onr circuit c'ui.
1st Mnn.la.. aftr th.au. M..Ti. ,- vlrc?" Court on the
pt26,13MtyD -HAA0 WOOD, Clerk.