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THE MEMPHIS DAILY APPEAL. TUESDAY, JANUAEY 11, 187G.
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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 Great Bargains AT - B. Lowenstein&Bros Wishing, before taking stock on Feb ruary 1st, to further reduce Our Immense Stock -OF- STAPLE & FANCY DRY GOODS 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