Memphis daily appeal. [volume], January 11, 1870, Image 2

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THE MEMPHIS DAILY APPEAL. TUESDAY, JANUAEY 11, 187G.
am
THE DAILY APPEAL.
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KEATING. ENGLISH OO.
MEMPHIS APPEAL
F. A. TYLER,
EDITOR.
TUESDAY HORNING,
JAN. II, 1870.
An invention of a French chemist
is reported, by means of which it is
possioie to give another a promissory
note for any number of dollars, and in
month afterwards the note will have
rumbled to dust. The paper is mois-
tened with a peculiar fluid which pro-
duces the effect,
A v, i i.i. lu seen by the reports in
our local columns of the proceedings
of the new General Council yesterday
t vening, two mast excellent men have
been selected to preside over the two
branches of our municipal legislature
1 li. NOKMBtT, Esq., in the Board of
a .'termi-n, and UMk Dixon, Esq., in
the Council loth regular nominees
of the Democratic party', and
thoroughly lemocratic in their poli
tics.
The Donovan injunction, having
been renewed, prevented Mr. Johx
W9I from qualiryiDg yesterday. He
lia tiled his miswer, denying the alle
ffHtmM the bill, and it follows of
course that the bill will be dismissed
:i- soon as a hearing can take place,
which will probably be to-day. Mr.
J Mmtm will then be duly sworn into
office, and the public business no
longer obstructed.
Bbkaxob Wsi. G. Brownlow has
our thanks for a copy of a work of 97.
pages, entitled, "A Letter of the Secre
tary of State," transmitting a report
on the commerchd relations of the
I'nited States wiih foreign nations lor
toe year ending Spt. 30, 1868, issued
from the Washington Government
Printing office. Also, for a copy of
the Congressional Globe and Appendix,
:ir-t session of the XLIst Congress.
Wk undersuiiid that our old friend
and townsman, Col. John H. Bow ex,
ha- connected hirtiKii with the insu
rrnce agency of II. T. Tomlinson A
(.'., So. 17 Madison street. His long
acquaintance with public business
fhrtH him efficiency in any busine.-s
avm-atioii into which he may choose
to enter. WMlW may have beeii
the difference of political or other
views, no one tan doubt his fidelity
in a high public trust, or that the puh
li'1 money have been duly and hon-
--tly acc muted for. And he deserves,
and will doubtless receive in his new
tapacily in business as a private gen
tleman, the confidence as well as pat
ronage of the public.
When Congress forces the XVth
Amendment on Mississippi, Virginia.
Teas and Georgia, does it not also
Cone the same thing on New York,
Ohio, California and Tennessee? L
that can hi- done at all under the Con
stitution, it must lie done according
to the Constitution. The Amend
ment may nominally p4ss by the vote
of States under duress, but it does not
follow that it thereby becomes the -u-preme
law. Nor does it follow that it
w ill he enforced in all the States. But
if it should, the "crowning victory''
will overwhelm its authors as guilty
of iho crowning crime against liepub
liean liU-rty. If Tennessee is under
dure--, let the Convention now in ses
sion adopt the XVth Ainondmeut
Let ii promptly obey orders. The ty
rant- ..t Washington can ask no more
We must bide our time, and trust tlu
pnoplQ Or the United States to return
in their own pood time the normal
liberty of tho-Constitution to the iudi
A-idtial iik mlx rs of the I'nion.
SEXATOI: DRAKE 1US BILL
A.l SPEECH.
( n the Oth D-ceinber, 1869, Senator
Drake, of Missouri., introduced into
the Senate of the United States a bill
inhibiting the inferior courts, and tht
.q.peliate or Supreme Court of tlu
United states from declaring acta or
joint resolutions of Congress invalid
or unconstitutional.
The object of that bill, in part, wa-
explained in the speech made by the
Senator on the IMh. of iKvember, in
w hich be .juotes the follow ing abstract
of decisions made by the Supreme
Court of the Tatted States in the casts
aeattaaed, to-wit: "It is e-mphati-
cally the province and duty of the
Judicial department te say what the
law is. Those who apply the rule to
particular aaaai must of necessity ex
pound and interpret the rule. If twe
laws eonilict with each erther the
tourts must decide on the operation ol
cae-h."
" If, then, tfca eourts are to regard the
Constitution, and tlx: Constitution is su
perior to any ordinary act ot the Legisla
ture, liie e ousiuuuon huu nol su. ti an
ordinary aet, must govern the ease t
which they f i I'ptj."
"Kbolii i ' .!.!!-, i the ('Xirutimi o;
its powers, adopt measure which arepro-
hibited by the Constitution, or shouui
Congress, under ihe pretext of executing
ita powers, pass laws for the accomplish
ment of objects not in.rustod to the Gov
ernment, it would bscome the painful
.iut of this tribunal, should a ease re
. I uiri Dg such a decision conie before it, to
-sv sin h was not the law of the land."
The Senator, commenting on these
decisions, says:
' A second veto power is set up, more
potent than that of the l'raident, because
absolute."
Again:
" Thi is in every view a higher power
than that ot Congress. If it exists, ii
must be derived from the Constitution,
if not found there its exercise cm be re
jrarded only as a usurpation."
The Senator, claiming that Congress
represents the sovereignty of the na
tion, lays down this tloctrine: "That
that judgment is the highest that can
be rendered in the premises; that it
is final and conclusive on the point
of eoiiHtitutiouality: that it cannot be
. . i i . .Ai -i
sU-d tr set asiue uy uy oilier ue-
nt ot the Government; that
uo appeal u - "
.J.r hut the people; and that every
. , - f.,.in it t C Umr titvman
adverse opinion as an inferior court
is bound to obey the mandates of its
superior."
In another part of his speech, after
quoting the clauses of the Constitu
tion establishing the judicial power,
he says: "There are no words ex
pressly authorizing the Supreme
Court, or any other, to declare an act
of Congress void tor unconstitution
ality. One might expect so extraor
dinary a power to b? expressed and
detlned, but it is not." "The Su
preme Court does not hesitate to
draw this great ower to itself by im
plication." The t-ienator then appeals
to Congress to its-Ut him in eradica
ling wl.at he is pleased to term " this
hoary error."
The Senator, too, can lay claim to
one virtue if no other. lie speaks
boidly and nlainlv to the point. lie
j claims that Congress exclusively rep
! resents the sovereignty of the nation ;
j that they have the jower to make
I and eomttrue laws; that from their de
! cision there is no apiieal but to the
leople; that there is no (ower in the
Constitution in express tenns author
izing the Supreme or any other Court
to pronounce acts of Congress uncon
stitutional ; that their power to do so
had never been called in question un-
til he did it : that this is " one of the
i remarkable cases in his time of a great
J truth long buried in a common er-
ror."
j Can it that Congress has such
I mnmnwT U it iwKsihle th:it the great
men jurists and statesmen who
framed and adopted the Constitution;
that the wise men and learned lawyers
who have pondered over that instru
ment and evety word in it, from the
foundation of the Government to this
day ; have been laboring uuder a pro-
j found luistake and delusion in
ttppos-
ing that Congress was cuntined to
making laws only : in f apposing that
the courts were authorized to construe
laws: and that it has fallen to the lot
of the Senator to discover these
errors;' to understand and develop
the true theory of the Constitution?
If this be so, the tame of the greatest
discoverers, inventors, warriors, states
men, of Cadmis, of NVWTQK, of
Galileo, of Franklin, of Fulton,
of Mansfield, of Marshall, and
of Wehsteu, mu-t palo before the
rising glory of the Senator from Mis
souri. If this be so, the labors of Achil
les, the conqueror of Hector, of
Thkki, who, it i said, returned
from hell, of the great Alcihe-, who
delivered the earth from o many
monsters, did not equal the exploits
of the Senator.
If this be so, he mu-t have received
inspiration from on hiirb, as it is said
Moses did, or else,
" Have lights where bettereyes are blind,
As pip are said to w' the wind."
How is this mighty question to be
settled? If they .have such powers
they must Ik- found in the Constitution.
If not to be found they do not exist.
We call upon our njemters to read
and ponder over every line and sylla
ble in the Constitution, especially the
clauses creating and sped lying legisla
tive power. They may do so again
and again for the thousandth time;
my may heap refinement upon re
finement, subtilty upon subtilty, and
by no stretch of human ingenuity
i-.m they or Senator Drake find one
word or letter em n which will justify
the interpretation that Congress was
authorized to construe or expound
laws. In the Xth amendment of the
Constitution they will find these
words: "The powers not delegated to
the Hailed State !y the Constitution,
nor prohibited by it to the States, are
reserved to the States respectively or
to the people." The power of Con
gress to judyr must of necessity be ex-
pres-Iy delegated or fairly deducible
from delegated powwrs. The Senator
iWi i that as each Congressman is
compelled to take an oath to support
the Constitution ho has a right to
iudtre. So does every member of a
Legislature, every executive officer,
every district attorney, and all other
officers holding office under the Gov
eminent. loall these officers acquire
power to construe Imps becsase of tak
ing an oath? The proposition is siitv
lily ridiculous. If Senator Drake
cannot find any such power delegated
to Congress, is it not clear that ht
must stand before the country as hav
ing promulgated with a brazen face
au important astimitioi for which
there is no warrant whatever?
There must he in every civilized
government a jower somewhere to
judge and construe laws. Such a
power is absolutely necessary for the
safety, security and happiness of the
people. Without such a lower each
man would be driven to the necessity
of vindicating his rights by force, by
war, or by rolut ion and blood, as the
Senator suggests. There is such a
power, amply, clearly and accurately
defined. We projose to asssist the
Senator in finding it. It is to be found
in precis' word- just where he says it
does not exist.
In article 1 11 of the Constitution, we
find these word-:
Set. 1. "The judicial lower of the
United States shall be Mated in one
Supreme Court, and in such inferior
courts as Congress may, from time to
time, order and establish."
Bel-. 2. "The judicial power shall
extend lo all cases in law and equity
arising under this Constitution, the
law of the I nited Stale, and treaties
mad-, (,r wtiich shall be made, under
this authority, etc., etc."
Aktk ij; VI. Sw. 2. " This Consti
tution, and the txuc a the Uniinl
State u liirh shall hi. utwh' in pursuance,
tfiereof, and all treat ies made, or which
shall be made, under the authority of
the I'nited Statcss, shall be the su
preme law ol the land."
By these clauses of the Constitution,
the judicial power is created, just as
effectively as the legislative power, or
the executive power. The "judicial
MM " shall extend to what? " Ail
cases in law and equity arising under
the Constitution." What else ? "The
law of the I'nited State." What are
the laws of the United States? Can
there be any other answer than this,
laws passed by the Congress of the
United States? By Article VI, the
Constitution in made the Supreme law
of the laud. The (aw of the United
State, vnich that! be made in pursw-
una: lnrtof, n: ..,.., thi siiprenu
law of the land.
At this point the ica-on of the rule
is seen, in every act passed b Con
gress the question occurs "whether
the same w as made in pursuance of
the Constitution?" If it is, it tan tie
enforced; if it is not, not. In every
such case there are two laws, one iass
ed in 17s7 by the people, called the
mpreunt law, the other by Congress,
called laws oj tlte United States. IS
they conflict, then the law passed by
Congress cannot prevail. If tfcey do
not conflict, and the law passed by
Congress "is made m pursuance of
the Constitution," both mast stand.
conflict exists or not? The Senator
thinks Congress the makers of the'
Constitution said "the judicial pow
er" the inferior courts first, the ap
pellate court finally. Can anything
be more explicit, or more certain, than
that this was the object of the framers
of the Constitution, and the only fair
and just construction of the words
used? The Senator thinks the ' judi
cial power," as the common law was
in force in the several States when the
Constitution was adopted, exbanded
only to cases arising under the com
mon law. Acts of Congreas are not
common law, but statute laws. If
that w as the object, why did they use
the words "laws of the L'nite-el States .'"
If the judicial power extends to the
laws of the United States, what did it
extend for? If this jower was not ex
tended that they might take charge
of and decide sach eases, what was
it created for? This judicial power
was created for some purpose w hat
was it?
The term "judicial power " is very
expressive embraces the whole sys
tem as fully as the words " legislative
power," or "executive power." What
would be thought of a construction
which contended, that as the common
law was in force w heahe legislative
power and executive power were cre
ated ; that Congress or the executive
w ere restrained to questions arising
under the common law ? One is as
justifiable as the other both absurd.
If we wish to know the powers as
signed to the legislative, executive or
judicial departments of the Govern
ment, they are to be found in the Con
stitution, not by implication, but in
express terms. It should be remem
lered that the Senator, while distort
ing the obvious meaning ot the words
creating " the judicial power," anel
while claiming for the Congress such
high and mighty lowers beyond that
of legislation, tailed to show in the
Constitution one single word to justify
his assumptions. If there are no
words in the Constitution justifying
the judiciary to construe laws, what
worels are there to authorize Congress
to do so? In his speech he makes this
admission : "That this right of inter
pretation applies to the ease of two
conflicting law, passed by the saute
legislative authority, of course, is not
denied ; that it is incontestable that
the courts must decide on the opera
tion of each. Their power in the
premises is complete, and uuembar
rassd by extraneous ejuestions of rela
tive authority ; anel their opinion must
of necessity decide the conflict, for
there i no otfter tribunal from which
such a dtrimOU can be had." Whe n
he admits jurisdiction, does he
not surrender his cause alto
gether? In another part of his
speech, he claims that Congress is
"invested with the ole and exclusive
capacity, and rigid of judging and de
ft rmining the nece.ity and propriety oj
any law without any appeal from tlwir
decision, are to their constituent-."
The question raised is, if Congress
pass two such laws, conflicting one
with the other, and there is no appeal
from the " decision save to their con
stituents," how is the court to get
control of the laws, or case's grow Sn
out of them? Again: I f the court gets
control of them, as he says, " there is
no other tribunal from which such a de
cision can be had ;" what is to become
of the apieal to their constituents.
Again: If the court acquires jurisdic
tion ef such acts for the purpose of
deciding the conflict, and finds both
laws in violation of the Constitution
now that they have jurisdiction of
them may the-y neit deenle either to
be in eonflict, not only with one
another, but with the Constitution?
Again: If it is " ineontestible that tht
tourts must deride on the operation
ot e-aeh," for the reason that there is
" no other tribunal from which a de
cision can be1 had," would not the
court, for the same reason the want
of any other tribunal be compelled
to decide a law in violation of the
Constitution, to be unconstitutional ?
Are unconstitutional laws to be with
out a tribunal? If the appeal can be
only made to the people, what do
they know about laws and Constitu
tions? If they havu doubt about any
clause in the Constitution, that doubt
can be solved by consulting the rea
sons and objects of those who made
and adopted the Constitution. To
these we refer.
Fortunately for the country, the
journals and debates of the Federal
and State Convention are open to us,
and not in the Senator's hands exclu
sively, like the notes and memoran
dum of Ciesar in the hands of An
thony, garbled to say so much and no
more than suited his purpose. They
areoien to all. Let us turn to them.
This whole eiuestion was fully open
ed in the debates in the Federal Con
vention upon the various propositions
made concerning the mode and man
ner of the appointment of the Execu
tive, his tenure of office, the method
of apiointing the judiciary, their ten
ure of office, salaries, etc.; and par
ticularly, on a proposition made by
-Mr. V ilson " that the supreme na
tional judiciary should ba associated
with the Executive la the revisionary
power." From thewe debates we
make the following extracts. Mr
M UMBQH said:
" Ii it be essential to Die preservation
of libertv that the legislative, executive
and judicial powers be separate, it is es
sential to the maiiitainauce of the separa
tion that thev should be independent of
each other. The executive could not be
independent of the legislature, if depend
ent on the pleasure of that branch for
reappointment. Why was it determined
that the juJcres should not hold their
. laces by such a tenure? Because they
might 1st tempted to -ultivate the legisla
ture Iri' :m ntuluc rr.,tjlaixa7ice , and thus
render the legislature the virtual e.cposi-
, ;is w. II as the mal.cr, of the laws. In
like manner, a dependyuc-e of the execu
tive on the legislature would render it
the tJO utor as well as the maker of the
laws; and then, according to the observa
tion of Montesquieu, tyrannical lau s may
be made that may be executed ia a tyran
nical manner?'
Mr. Madison again said: "Experience
had proved a tendency in our eJovern
ment to throw all power into the legisla
tive vortex." " If no effectual check be
deviaed for rcstraing the instability axiti
vitcroaehtncHt of the latter ! the Congress,
a revolution of some kind or another
would be inevitable."
Goverueur Morrissaid: "One great object
of the executive ia to control the legisla
ture. The legislature will continually seek
to aggrandise and perpetuate themselves.
and will seize those critical moments pro
duced by war, invasion, or convulsion, (a
Senator Drake is attempting) for that pur
pose." Mr. Rutus King " wished the House to
recur to the primitive axiom that the
three great departments of government
should be separate and independent."
Mr. Wilson said: "The judiciary
ought to have au opportunity of remon
strating against projected encroachment
on the people as well as on themselves.
There was weight in this observation ; but
enough. Law may be unjust, unwise
dangerous, destructive, and yet may not
be so unconstitutional as to justify the
judges in refusing to give them effect."
Mr. MAOisow said:
"Experience in all the States has
evinced a powerful tendency in the Legis
lature to absorb all power. This was the
real source of danger to the American
Constitution, and suggested the necessity
of giving every defensive authority to thn
oth-r departments that was consistent
with republican principles."
Gov. Morki.s said:
"He concurred in thinking the public
liberty in greater danger from legisl'Uive
usturpations than from any other source."
Lcther Martijc said:
"And as to the constitutionality of laws
that point will eome before the judges in
their official character. In this character
they have a ueiative on the laws."
31 r. Mason said:
" Notwithstanding the precautions ta--ken
in the constitution of the Legisla
ture, it would still so much resemble that
of the individual States, that it must be
expected to pass unjust and pernicious
laws." "It has been said, tf judges were
joined in this check on the laws, they
would have a double negative, since in
their expository capacity of judge they
would have one negative. In this capacity
they could impede in one case only the
operation of laws. They could declare an
tmconstit.itionallan void."
Mr. Madison :
" A law violating a Constitution estab
lished by the people themselves would be
considered by the judges as null and void."
Mr. Ellsworth:
" Heartily approved of the motion. The
aid of the fudges will give more wisdom
and firmness to the execution."
Mr. Gerry objected:
" It was making the expositors of the
laws the legislators, which ought never to
be done."
Mr. STRON'fj :
" Thought with Mr. Gerry, that the pow
er of making ought to be kept distinct
lroui that of expounding the laws."
Mr. Rctledoe thought "the Judges
ought never to give their opinion on
a law till it comes before them." See
Madison's Debates, vol. 5 from pages
i3 to 251. From the journals of the
Convention it will be seen that the
precedent suggestions of Mr. Gerry,
Mr. Strong and Mr. Birr lege were
adopted; that the Judges were not
joined in the revisionary council with
the executive. That was entrusted to
the executive and his cabinet.
From the debates it appears that the
Convention, so far from entrusting
Congress with the power to construe j
laws, were exceedingly apprehensive !
about entrusting them with mariug '
laws s0 much so, that in the final
adoption of the plan they carried their
apprehensions into effect by making
it necessary for every bjjl and joint
resolution of the tw o Houses to be laid j
before the executive for his approba- j
tion, before it could become a law.
He could sign, or not. If he refused, j
it required the concurrence of two-!
thirds of both branches of Congress to j
pass it into a law. By this power, the j
executive has more authority in legis- j
lation than any number of both j
branches of Congress less than two
thirds. This fact alcne would seem to
kaka the wind out of the Senator's in- j
bated conceit. From the debates it :
also appears manifest to every man I
capable of understanding except the J
Senator from Missouri the judicial
power was made independent, hold- j
ing their offices for liie, that they
might not exhibit undue complaisance, j
and that they were expressly charged
with the duty of construing laws and
when, in their opinion, such laws
violated the Constitution, it was made
their duty, exclusively, to say so, as
they have always done. That these
were the views of all sections of the
country, will le made manifest, by
recurring to the debates in the Con
ventions of States, eaOed for the pur
pose of adopting the Constitution. In
the State Conventions this "judicial
power " underwent the .severest scru
tiny. In ail of the objections urged,
there was not one against inventing:
them with the power of construing !
acts of Congress, nor any inti- I
mation titat such a powor was j
not expressly conceded. From the
mass of testimony we select j
extracts from four speeches, which j
fully shows the intention and under- j
standing of the whole.
In the Connecticut Convention, Mr.
Ejjswortu afterwards Chief Justice
of the Supreme Court, and one of the
greatest and most useful of the public
men this country ever produced, said :
" This Constitution defines the extent
of the powers of the eieneral Govern
ment. If the General Legislature (Con
gress'; should at any time overleap their
limits, the judicial department is a Con
stitutional cheek. If the United States
go beyond their powers, if they make a
law which the Constitution does not au
thori.';, it is void, ami lite indicia! power,
the national judges, w ho, to secure their
impartiality are to be made independent,
will declare it to be void. On the other
hand, if the States go beyond their limits,
if they make a";iaw which is an usurpa
tion upon the eieneral Governmout, the
law is void, and upright and iudepeudeut
judges will declare it to be so."
In the Virginia Convention Mr.
Grayson said:
" If the Congress cannot make a law,
against the Constitution, I apprehend they
cannot make a law to abridge it. The
judges are lo defend it. They can neither
abridge or extend it."
Gov. Uandolph said:
"It is then necessary that itsjurisdiction
should extend to all cases in law and
equity, arising under this Constitution
and the lairs of the United .States."
Mr. Marshall, afterwards Chief
Justice of the Supreme Court, said:
" Can they go beyond the delegated
powers? If they were to make a
law not warranted by any of the
lowers enumerated, it would be con
sidered by the judgces as an infringe
ment ol the Constitution which they
are to guard, they would declare it
void." By referring to the debates in
Congress from 17S9 to the present day,
we could produce proofs ail iufuutum,
going to show that all the great men
of the country, of all parties, enter
tained the same views expressed by
Judges Elsworth and Marshall.
Those which we have produced are
amply sufficient to overwhelm the
heresies and false doctrines of the
Senator. And with these, we might
dismiss the Senator. But as his
speech contains many dangerous,
damnable and revolutionary doc
trines intended to intimidate the Ex
ecutive, overthrow and discredit the
courts, and to encourage Congress to
make encroachments upon co-ordinate
departments and the Constitution,
we shall resume our review of the
Senator and his speech in a future
article. The Constitution and Gov
ernment have hitherto withstood the
oiHn assaults of enemies. It remains
to be seen whether it can withstand
the slow but dangerous assaults of li
centiousness and corruption by its
pretended Irieuds. If these lines
shall meet the; eyes of the Senator,
and he shall think we speak plainly,
we beg to remind him of this old
Spanish maxim, " Los compliuuerUcs
DRY GOODS.
1870!
JANUARY
I
A MONTH OF
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AT -
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Wishing, before taking stock on Feb
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We propose to offer to the public ,
Great Bargains
DURING THIS MONTH.
OUR ENTIRE STOCK
OF-
Winter Goods
WILL BE SOLD AT
Sacrificing Prices
B. Lowenstein & Bros.
242 & 244 MAIN ST.
F.XTRAN'e-E TO
WHOLESALE DEPARTMENT.
242 3VT.ixi. St.
HCME WASHER.
HOME WASHER!
Excellence. Economy, Simplicity
A good, reliable wtuaiu uiucuine is wanted
by every housekeeper. A machine that will
really save time, fakbot nd clothes, works
easily and is durable, w'll be purchased by
every well organised family. Bnab a ma
chine we offer you in the
XZomo Waslior,
Warranted in every particular to stive satis- !
faction. Always in operation at the w:tre
rooms of the HOME MANUFAe'fURINU
e'i ., L7'i Second street, Memphis, Ten n.; also, j
a! v1 North Fourt h street, Sf, Louis. Mo.
Orders by mall will receive prompt atteu- ;
tj'in: agents wanted and the trade supplied, j
LADIES FURS.
FURS! FURS! FURS!
If you want a flue set of
Manuhwluredof the finest Habi.k, Mink, Ek
mim;, and all other standard furs, at
VERY LOW PRICES, visit
WHEATON & CO.'S,
Hatters and Furriers,
279 Main Street, Sign of the Tiger.
STOVES, ETC.
THE FAVORITF
Is guaranteed Ui be In ali respects a
FIRST-CLASS COOK STOVE.
Cali and exumiue them. For sale by
T. St. JUKES,
328 Second Street
WRooflne, fluttering and (ieueral
Wor solicited aud promptly executed, oc
MISCELLANEOUS.
For Sale 100 Horses & Mules
AT
DIGSS & WOFFORD S
SALE AND LIVERY STABLE
No. 37G Main Street.
1VK have one hundred head of Horses and
V Mules foi salt-, and will kjuep constantly
on hand Horses and Mules for sale at the
lowest market price.
dM SKVII.L.4.IAMES.
NOTICE.
VTOTICE iy hereby given to the Stockholil
.! ergo! the Ukkman Natiohai, Bank or
Mkxphih. that tin: annual election for Di
rectors takes place, at the Bank. No. 'Jts Main
street, between the hours of 10 o'clock a.iu.
and i o'clock p.m.,
On the lith Day of January Next.
Stockholders can
by iiroxv.
vole either In person or
deB M AUTHS GWJFIjChler.
L. D. SAXTON 8l CO.,
CONTRACTORS
AND REAL ESTATE DEALERS,
252 Front St., Up-stajrs, Memphis, Tenn.
ADVANTAGE of eastern labor enables us
to do all kinils of railroad work, erect
buildings aud machinery of every style, guar
anteeimg satisfaction. Parties wishing to buy
or sell Heal Esl-iit-. Machinery, Contractor's
Supplies, of any description, or contract for
are reMeeuuiiy inviteu i cuniiuuul-
wsssssjr-
INSURANCE.
PEOPLE'S
INSURANCE COMPANY
16 MADISON ST., MEMPHIS, TENN.
TAKES
Fire, Marine and River Risks.
CAPITAL STOCK, $300,000 00
ASSETS :
Cash Assets, : : $179,182 12
Stockholders Notes Secured, 150,000 00
$329,182 12
No Liabilities whatever, except anoaat
ecessary to Reinsure Outstanding
Risks, say $25,000 00.
W. B. GREEWLAW, JAMES ELDER,
President. Vice-Pres't.
J. A. SIMMONS, Sec'yH
DIRECTORS:
W. B. WM. M. FARniHGTOH,
James Kldkr, C W. eJovxit,
John ovkutox. Jr., N. S. Brccc,
UC8 Et'liKNE MAOKVJUT.
810,000 for $10 2
Premium when the Classes are Complete,
which are now being rapidly filled up.
Advantages. The advantages of thlH As
sociation over ordinary I.il'e Insurance Com
panies are: No j.'anic can break it: the fees
are no small, and required to be paid at sach
long Intervals, that any man can secure to
hi family a competency upon his death.
masonicTmutual
Life Assurance Association
OF MEMPHIS.
OFFICE No. 32 i FRONT STREET.
BOARD OK DIKIXTOKS:
Hon. P. T. ruggs, of Benqnpi A Duncan,
A. Vaccaro, Eq., of A. Vacram i .
J. K. Stanton. ksj., of Stanton A Moore.
A. Batehett, K.-t .oi Busby Hat.-hett.
i.d. Pii ltelt, Jr., ot ifrsiiiclt a i'lukttt,
OFFICERS:
D. C. TRADER, Pres. H. ftf. RAGASI, Sec y.
H. 6. TRADER. Treasurer.
Dr. W. R HOlKiKH. Examining Physician.
deH d w a
INCORPORATED 1859.
W n si v J
Ctj3ittl, $350,000
J. V. DOZE MAN President
D. F. WILLCOX Secretary
Con t i n lies to mn: i di jtrrff-rt arcurilii oitiiiut Ions
or dinnn.jr h:i ft,:- nn nil kinds of insurable prop
erty. tf iuUt;'.ltP riit'-x.
Auxins can he found at every prominent
point In the Southern Suites, lo whom appli
cations for Insurance may be made.
Apply to
W. H. MOORE, AGENT,
293 MAIN STREET,
no34 (With Uerman National Bank).
HERNANDO
INSURANCE COMPANY
OF MEMPHIS,
OFFICE : No. 17 MAOISON STREET.
S.H. DUNSC0M3.
President.
F. HI. NELSON,
Secretary.
W. B. 6ALBREATH
Vice-President.
W. B. MALLORY.
Ass't Secretary.
DIRECTOaS :
S. rf. DOV8COM& JOE BRUCE,
F.. V. RISK. W. B. ei.VLKREATH,
K. . JeW! ES. . ACCA RO,
U. H. TOWNSENP. LUt'IS UANACER,
K. FONTA1NJS.
INSURES A G A I. ST LUSS BY FIRS, MA
Jy 10 RIXK A XD R TVER R TMKS.
HAIR RESTORATIVE.
A NEW DiaCOVERY
! !
Phalo
"VIT
I A ;
Salv
for the Hair.
CLEAR A.WATliR!
WiTOofep&SEIHMENT
OrENTSiJIl
E LIGHT ! ! !
For Restoring to
air its
Original Color
Phalon's "ViTAi.TjrdirFers ut
terly frorri all
DreoarationTieretofore used
It is ijjrrfSTd, sweet smelling,
prec
tates noinuddvor slimy
ma
,requires noshaking,im-
par
no stain to the skin. Hold
it t
he
light and it is clear and
clo
ess. It leaves no mark on
the
yet it reproduces in
trrav hai
latural color that
time or sicKTwsi may navt
bleached out of
it.
EPhalon'sVitali
is for one sole purpose
at ot
reproductng,with ;
taintv, the natural
te cer-
or of die
hair. It is ne
Ttend
ed as a
1
daily dress
nor tor removing
scurf or jrondrufF; nor for cu
ring baJBnes5; nor for stimula
ting twe growth of the hair.
Thesf objects may be accom
plishJd after the color has been
fixed ith the Viral ia, by Pha
ltn's emicu! Hair Invieo-
rator.
The ViTALTit a harmless
and unequaled prepluation for
the reproeiuction of sie origi
nal hue of gray hair,aid noth
ing else. This is accomplished
in from two to ten aaplications,
according to thtjsfpth ot shade
required. SilH?y all druggists.
PETRO OIL
Petro Oil Headquarters!
ROSENBAUM BROS.,
Cor. Main anil Washington Sts.,
MEMPHIS, TENN.
MANUFACTURERS AND
WHOLESALE & RETAIL DEALERS,
HAVE ON HAND NOW, AND OFFER FOR
Sale, at LESS than the usual prices:
1050 Cook Stoves, of various kinds and
manutact tires;
400 Heating Stoves;
800 barrels Petro Oil;
A large stock of Lamps, Tin Ware, etc.
W Country merchants will find It to their
Interest to see our Hoods and Low PRICES.
TWe are the onlv parties who have the
KIOHT to llK . liuDiHi. il I'elro Oi
u A
FURNITURE.
CARPETS,
Gil Cloth and Shades
A New and Elegant Stock just re
ceived by
E. FEGAN,
260 Second St, Vincent Block,
Which I propose to sell Cheap for
CASH.
del2
ATTORNEYS AT LAW.
T. H. LOnWOOD. T. B. MICOC. W. C. FOLSIKS.
Logwood, Micou & Folkes,
ATTORNEYS AT LAW,
15 Union Street,
MEMPHIS, - - TENNESSEE.
er w.
leans as.
FOLKEH, Commissioner for Ar-
oc3
E. M. Yerger & M. D. Welch,
ATTORNEYS-AT-LAW,
35 Madison Street, Slemphu, Term.
si
T. W. BBOWW. O. P. LTLE3. B. C. Know.
BROWN, LYLES & BROWN,
LAWYERS,
OFFICE, No. 19 WEST COURT ST,.
Corner of Main,
se28 MEMPHIS, TENN.
WM. M. SMITH,
. ttox-aaoy At t. w,
OFFICE, 308 1-2 Second St.,
CORNER OP MONROE.
GROCERS AND COTTON FACTORS
G3
H
O
00
CO
CO
CO
c
m
m
5
CD
o
S3
3
o
Tl
S3
O
s.
00
r; CD
m
CD
1
99
O
o
CD
EL
CD
CO
HIDES AND LEATHER.
D. B. THOMAS.
B. V. (iHOb
THOMAS & GROSS
KAS0TACSBUS88 OF
LEATHER
AND DEALERS IN
Leather & Shoe Finxlin's
Foreign and Domestic Calf and Kip
Skins, Tanners' and Curriers'
Tools, Tanners' Oils, Etc.,
386 Main St., Memphis, Tenn.
W-Cash paid for Hides and Leather in the
rough. sel9
ASH8R00K & WHITE,
Successors to Geo. Phillsh A Co,,
1) BALERS IN
Hides and Peltries
Highest Cash Prifos PtiM for
Hides,
Furs,
Deer Skins,
Beesvax,
Tallow,
Wool, Etc.
Constantly on Consignment,
Harness, Bridie, Skirting and
Sole Leather,
ADAMS STREET,
Between Front Row and "Water St.,
sel MEMPHIS, TENM.
FOR RENT.
FOR RENT.
I will rent, publicly.
On the 15th Day of January Next, 1870,
On the premises, the plantation known as j
tne LKUKANU property, within the La
conia Circle, Ark., flity miles below Helena,
containing Seven Hundred Acre of Cleared
Land, in une state of cultivation, with com
fortable improvements and a tine Steam Gin
upon thn premises. Terms made known on
day of reuUnK. del5j HAN BRYAN.
FOR RENT.
THE LOCKHART PLANTATION, NEAR
Sunflower Landing, Coahoma county.
Mississippi, will be rented tor the year ih7w.
at Ave dollars per acre. There are four hun
dred acres of cleared land, much of it hiith
and of superior uu:iiitv. with ft new 2in house.
two Iron-tubed woils with pumps, and suill- I
cient hewed-log tenements to accommodate '
a family and the laborers.
A good tenant can Have the privilege ol '
paying one-half the flvst year's rent with re- ;
pairs and improvements, such as may beau- -
complished with Held bauds, and of ooutin- j
ulng his contract for several years.
Apply to the subscriber ,.i Hun flower Land- i
Ing. U. C. CHAMBERS.
Carolina Life
OF MEMPHIS,
Hon. JEFFERSON
J. WICKS, 1st Vice-President.
F. BOYLE, Secretary
Assets over ::::::: $654,000
Annual Income over
principal officeno. 291 main street.
M- Ills with mi
Jul Hie poulic theli
tion ami uunre pros
refer tne general pu
e the Managers of tills Company i
aiious 00 its success for the past I
icies issued on all tne Improved p
policy boluen.
EC. 3D. 3
Special A;ont.
SOUTHERN LIFE
INSURANCE COMPANY,
General Office, 17 Madison St., Memphis, Tenn.
ASSETS 1st NOVEMBER,
Dividends to Poiicy-Hoiders,
X30.XT-H OTP
MEMPHIS,
R. C. BR1NKLEY, Pres ! M. and L R. R. R.
W. H. CHERRY. Pres't Chamner of Commerce
F. M. WHITE. President, SL and T. R. R.
AMOS WOODRUFF. Vce-Pres't. Memphis.
F. S. DAVIS. Pres t 1st Kat. Sank. Memphis.
C KORTRECHT. Atfy-at-Uw. Memphis.
T. A. NELSON, President, Memphis.
OPPICERS :
T. A. NELSON, President
AMOS WOODRUFF, First Vice-Prest'.
C. T. PATTERSON, Ass't Secretary.
THOMPSON & CO.,
Agents for Tennessee and North Mississippi.
Genera!
HARDWARE. LEGAL NOTICES.
COTTON "GINS! yjggjlll
f'eornary Term, 1ST. of salit Court. All "per
sons inutresteJ may s.1 tend an. I enier their
objections. If any tuey nave.
CUAOLES STOCT.
lef ember .11. 1369. ja3
ALLISON
SOLE AGENTS FOR
E. CARVER & CO.'S
IMPROVED COTTON GIN
WHOLESALE DEALERS IN
IRON, SUNS, CUTLERY, Etc..
270 FRONT STREET,
MEMPHIS, : : TENNESSEE
TJLANTEE.S or merchants di slcnlnc to pnr
an.li
Lll Ui hen
veil known Gin stmids. t
' improved running tcear, i
lint, and many other j
former vesrs, when, as now
orlte. jy
PRINTERS AND PUE USHERS.
Southwestern Publishing Co.
Publishers, Printers,
BOOKSELLERS, STATIONERS,
BOOK BINDERS
WHOLESALE PAPER DEALERS,
No. 361 Main Street,
Between Union and Gayest). Memphis, Tenn.
OFFICERS:
H. A, PARTEE. President,
Cashier Merchants National Bank.
I. S. CLARK, Secretary and Treasurer.
DIRECTORS:
W. !!. Chkrhy. E. H Martin,
Prest. Merchants Nai ioiial Hank;
I. R. Gkavkh, LL.D.; !'. S. Jonks,
S. C. Koukiw, W. I. Andrktts. de2l
MEDICAL.
DR. RUSSELL'S
DISPSNTSAH Y,
',"', ( hii gejsland Oldest Institution of the
hind in the Soutlncest; Established
Ten Ymn and Hie Only Relia
ble Face for the Ui're of
T" rivato ID iaoasoa.
Dr. RUSSELL. No. 42 North-Court Street.
nor'hsMe ( Oottrt
Twun., m Moknov
mpius,
all
parties luieroscc-u as oy tar
THE MOST SUCCESSFUL P,
SiCUN
rN the treatment of PrlT,
1 eases. Quick, th'.lfDJ,
and
and
cur
ma
lt i
oi si ii-auuse anu excessive veuery,
oui spermatorrhea and loss of nhy
ieuu.wer,speeli:y and perma-ia-
All consultauons strictly
o Is- frJJ? 9 -m- to 3 V-ra.
'ELdUoDBUltine Physician.
nn Chronic lhseaaes furnished free.
Treat!
or appi i
ueii) uaw
LUMBER YARD and SAW MILL
'y I oldest Yard in .Memphiq; established
1 In 1W7. With a full stock ol lorn, sea-
soiled
LUMBER, LATHS AND SHINGLES.
pared to furnisii any uua
sions of cy press or poplar,
large stock of Pours, Blind
or iagiaacd; Laths, Shitigl
Pot,ts, Pluu and IVplax hlc
hand. Our motto is, quick
iicflts.
M. E.sj. w
Ofllce and Yard fool of Vi
uo uimen-
uoiiuv. a j
ash. lazed I
iar reiice-
j.wayson
aud uall I
sales
tip i u
Insurance Co.
TENNESSEE.
DAVIS, President,
J. T. PETTTT, 2d Vice-President
J. H. EDMORDSON, General Agent
: : : : 500,000 00
cy Holder
lent conrfi
rance. W
, Jr
Tona
33. 3f
Stato Asont for
1889, OVER $600,000
July i, 1869,-40 PER CEHT.
DIXIECTOHS s
TENNESSEE.
HUGH TORRANCE. Cotton Faetor. Memphis.
J. WELLER. Merchant. Memphis.
C. W. FRAZER, AttorneY-ir-Law. Memphis.
J. W, McCOWN. Merchant. Memphis.
H. A. PARTE E. Com. Merchant. Memphis.
C. C. SPENCER, President. Lonjsville, Ky
JOHN B. GORDON, President. AtlMta, Ga
BEN MAY, Secretary.
F. M. WHITE, Second Vice-Pres't.
F. S. DAVIS. Treasurer.
Aicachment Suit.
stale of Tennessee. Shelby connty. Before
Thomas B. Mynatt, Justice of ;he Peace in
and lor said county.
l avii 4 Hautfh ts. P. S. Harrell.
Y ' AMT havlDK been made anil bond
meat havinir been Issued ana returned bejDre
me. lev ied, etc.. on the property of defend
ant. iM'i defendant not to be foond in my
couuly :
It is theretore ordered. That the said de
fi'ndant appear before me, at my omce. in the
city of Mem ih Is, Shelby i-ounty. Tennessee,
on the 4th dav of Febmary. IS70. at leo'clivk
wpy
ih at
Appeal for four si
January 5, ISTii.
Tlli.'s. B. MYNATT. J. P.
NOTICE TO CREDITORS.
No. Iiri. N. !:
phis, Tenn
rem
nur U. -. ii.
in the etal-' i-f tl. C 1
forward, einbi; iheit
themselves ftie p- r
suit, etc; tll . eJ ,,
ii to be cieiiili'.-s ol
ttniuic suits at law n:)iT
It is tliereiore r.nlv
faktiks inaKc til. i- !l
the comnicMsv. Ib i
Tenu., on or u
March, IsTh, and Hie
elaiius :ts aforesaid, ;n
same wit he uarr. d um
with cxparte; anU ;.-,
be published once a
rrii
. at
itiJs,
' la
I lie
iled
nler
s: ; e
A -.). v attest.
A i iirsTo.N ALSTON. Clerk and Master
By EC. ,T. Black. Deputy lerk and Master.
Estes J: Jackson. Soliatiors for outplsin
ant. dei)
FAMILY SUPPLIES.
JOHN LILLY,
351 MAIN STREET,
jEALER in staple
Far
roeene.
nas now ug nam!
st quality of isoixis,
iflc. Ui which ho di
fnends aud the pnb-
both for. i ui and dome
reels the aiteutiuu of hh
The following irnods kept always on hand:
Prepared French Mustard, by the kra.
Worcestershire Sauce, by tiie gallon.
Tomato Catsup, by the gaiiuo.
Jellies. Assorted, in 5 Ib. cans.
Oat Meal.
Yarmouth Bloaters.
Cracked Wheat.
Wm. Youngers Scotch A!e.
Guinness' Oublin Stout.
Choicest Black and Green Teas'.
Fine Old Caqnac Sr.ndv. Old ' whUbiaa
Old Port and Sfcrvrv Wines.
-OHN LILLY, 331 Main st..
de" Near Union.
SPlCER & SHARPE.
w
354 Main St., Magevney Block,
A
RE RECEIVMNO
SII GOODS, DAILY,
ly late arrivaia we
by river and rj
have a fresii supply
Bordeu s Condensed Mllk-the celebrated Ea-
'...i- brand 1U0 dozen;
New Louisiana sny irs and .V. Masses;
New Buckwheat;
New sweet Roll Butter; a 1st. Goshen Butter
New Golden Syrupst; Jtaw CaroUiut Rice;
Pill's Feet, i lams and Lard;
Shaker Preserves;
All v:irietieof new Canned ijoooa
Mess Mackerel aud Codfish ;
North Carolina Uorrinss:
Fine Todet Soap; cb t'offee, and Te.
"" an ER A SHARPS.
FURNITURE.
AMES, BEATTIE & CO.,
396 GAYOSO BLOCK,
or ru a ia. kuxw os
Furniture, Carpets,
WINDOW SHADES,
Oi! Cloths, Mattresses, Etc.,
amAT THE LOWEST RATES.
CANCERS
n 48 Hours Withoat Knife or Pain.
Killed
DR. SPALDING & CO.,
Tennessee State Cancer
Lunt, Eye and Ear
oraneh
CANCER!-
n tviMim,
,Tenn.
I ready for
toted with
rs. Eye and
Lldney and
"No charge
t Children
ui lady in,
awpi LES ia without a kuii
Bladder complaints,
STAI1 old Cbrhnic dlaasassv
for eonsult.lion-
dlseasa ol Womrni
coufldenttal diseases. - si
.Hifssw o wail, ai: lemaii
clue sent to all parte. AddreMt,
As
'It .1