The Morristown gazette. [volume], July 02, 1879, Image 1

About The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920

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v MORRISTOWN, TENN., WEDNESDAY, JULY 2, 1879.
VOL. XIII. NO. 15.
By JOHN E. HELMS.
t9
i i i i f
J L . it 11 4
THE MORRISTOWN GAZETTE
Subscription Price 82.
A BADE T SHAKEN UP PARTY.
Official Diapatch to the World.
Washington. June 16. The Dem
ocrat turned the light on th recent sur
render of the ReDubhcans to-day in a
way that again demoralized them. Mr,
bprmger offered as a separate Din tne
i i i ii uM'i ifin f 1 1 i iin nil v in 1 1. nuiL.u
. .. ' ... ,
recently passed tne uouse wun oniy
twelve Republican yotes a-ainst it. To
day's bill provided that th army shall
not be used at the polls as a police force
to keep the peace. The Republicans had
insisted, while discussing the Army bill,
that the provision in question did not
change the existinc law and nullified no
power that the President now enjoys,
Messrs. Garfield and Hawley made strong
speeches on this theory and Insisted that
tbe Democrats had surrendered and not
they. Hawlev said: "Take the con-
Terse of this proposition, or put it in the
affirmative, that the President shall be
directed to use the army as a police force
at the polls, and who will support It?
.uu.FF..u,v 1 "
can side.) Mr. uarfield, having arguea
that no power now exists to use the
troops as a police force at the polls, said
"Now if anybody proposes to employ
our armv in that way I do not know
where the lunatic lives." : Judgirjg from
the result to-day, for the Republicans
voted asrainst Mr. Springer's bill to a
man, one lunatic lives in Ohio, one in
Connecticut and a number of others are
scattered over the country. As soon as
the bill was offered the Republicans ran
to Garfield, who was sitting on a sofa in
the rear of the hall, and anxiously con
suited him. He could only advise them
to vote against the bill, thus proving
that, notwithstanding their brave
speeches, the Republicans really consid
er their vote on the Army bill a back
down. They were willing to take the
sixth section with similated pleasure in
order to get the appropriations, but they
are opposed to it as a separate measure,
it is thought that this honest expression
of opinion may lead the President to
Tewine Army ui i. uui u iui. uajca i-nu
J '
. , . . ..4 !, If. TT
fAinmit himself tn n thine he II AS Mr
tainly committed himself to signing that
m
measure.
GO TO WORK.
ve mean me young men, ana aero
. m .1 x 1 I .
are many of them idling their time I
nay, auu wvstiug uc ucoi rtaio ui uic i
in indolence. Don't wait for something
to "turn up." Turn it up yourself.
Pon't wait for chances. Make chances,
pon't look to some one else for oppor
tunities. Make opportunities. Oppor
tunities indeed, they are all around you.
There is plenty to do. Take hold, and
do it. If the best thiDg don't offer,
seize hold of the next best. If you
don't get what you want, get what you
can. If you can't get employment at
what you wast to do, try something else.
Jump in and lay hold of an end some
wbero and help lift, and somebody will
soon need you in the right place. Let
the man that can help you in the- busi
ness you deserve see that you are wil
ling to work. What the world wants,
and the times need ia working men, men
that are not afraid of soiling their fin
gers, earnest men, pushing men, think
ing, practical men. Don't stand n tho
street corners, or whittle pine boxes at
the store doors, and take it out in com
plaining at "hard tunes" and poverty.
Lay hold and help make times easier.
. The men who control this nation are
working men, thoughtful men, brim-full
of energy and work, and the men who
have always controled the world have
been of that class. Poverty, why that's
the making of you, if you properly
appreciate it. It is a blessing in disguise.
But few mn have attained eminence or
wealth who were Vborn with a silver
spoon in their mouth." - It takes grit,
pluck, endurance and perseverance to
succeed in the wrangle of life, and in
this world of conflicting opinions. The
great men of the world have climbed
the laddeT of fame toilfully, painfully,
through poverty, from obscurity and
often from reproach and disgrace. Take
hold. Now is a good time to start.
Ashville (N. C.) Journal.
ON JUS MUSCLE.
Charley Cummings, of Jonesboro', is
on a visit to West Point, New York, as
a candidate for a Cadetship at the Mili
tary Academy. A paper gives the fol
lowing account of the warm reception
he tendered some of the b'hoys :
"One Cummings, a yonng man from
Tennessee, who is about to enter West
Point Military Academy, lately arrived
in this place and has been stopping at
the Highland Hotel. Last evening some
of onr "smart" young men thought they
would have a little fun with Mr. Cum
mings, presuming upon his verdancy.
They waited upon the gentleman and
introduced themselves as a committee
appointed to examine him previous to
admission to the Academy. The young
man apparently acquiesced in the ar
rangement and inquired what the order
of exercises was. He was told to take
off his coat. This he did and inquired
what next. The order was to remove
his pants. Tennessee declined and in
stead sailed in and "removed" his "board
of examiners" from the premises. Ilo
fairly knocked them down, dragged
them out, and kicked them down stairs.
When he had finished the3' were an aw
fully demoralized set and looked, as
Artemus Ward once remarked of an un
fortunate individual, as if they had been
through a threshing machine. The
Plebe had much the best of the fun, and
the verdict here is that "he served the
boys just right."
John Kemmerle, a German at
South Holyoke, Mass., being unable
to support his three littie girls, aged
six, four and one year old, deliber.
ately shot them dead. He was ar
rested, and said let the law take its
course j that the children wero bet
ter off iu Heaven than living in such
poverty.
THE SPARTANBURG AND ASHE
VILLE RAILROAD.
Trom the Knoxville Tribnne .
The completion of this road to
Hendersonville, sixteen miles from
Asbevill. N. C, and the extension
of the Western North Carolina Rail
road from the latter DOint to the
Tennessee State line, there to con
nect with what is known as the
Morristown branch f the East Ten
Virginia and Georgia Rail
I road, will onen ud to Knoxville a
r . ...
i - ...
- a"cr, connection wun me wuoie
lantic aeaboard by means of tue
J North and South Carolina systems
f . There is everv DresDect
- - - - - m a.
that this connection will now ' be
made verv. soon, and that in the
course or a year or two we win nave
I the nearest and quickest accessible
route to all the citie9 and towns in
North and South Carolina and that I
portion of Virginia not now directly
reached by existing roads. The
completion of the short link now re-
maining to be built on this great
ime
will place us within eighteen
hours of Charleston, and lessen
greatly the distance and time be
tween this section and Savannah,
and indeed all the South Atlantic
ports.
Yesterday we alluded to the fact
that the people of Henderson coun-
ty, North Carolina, had determined
to celebrate the completion of the
Spartanburg and Asheville Railroad
to the town of Hendersonville, and
urged that Knoxville be represented
by a delegation of her citizens on
that occasion. The great project of
uniiing ine oouiu Atlantic ports and
the West, which wa9 proposed and
resolved upon in the convention held
at Knoxville in 1836, is now after
the Japse of a generation of men
about to be consummated, and we
hone tuat our enterorisincr nnn!
I r 1
... . , . ,
I will aaatar In mi.hinrr Ihn .v-vH nn.r
I too
I . n . f I ; . l i t' .
uu luts "efc possioie reanzauon,
I uiu kuuuu mu ii uucb ut
taken by them for a proper repre-
Isentftt.iwn at th annt-nanhintr ala.
bration at Hendersonville. Louis-
ChariestODf Columbia Atlaa
....
m JNortn and South Carolina and
Georgia will be represented on the
occasion by strong delegations of
their business men. The Gover
nors of South and North Carolina
have already agreed to be present
on the occasion, and invitations have
been sent to Gov. Marks, of this
State, and Governor Colquitt, of
Georgia, both of whom, 13 is heped,
will lend, their presence on the oc
casion. Dr, Ktandiford, President
of the Louisville and Nashville and
Great Southern Railroad, who stands
ready today, with the means in
haad, to extend a branch of hi
great road to our State line, there to
connect with our own Knoxville and
Ohio road and Col. R. T. Wilson,
President of the East Tennessee.
Virginia and Georgia Railroad will
both be on hand, and altogether the
meeting will ,be a most important
one. Ivnoxvnlo is deeply interested
in the event that is to be celebrated,
and 6hould see to sending a strong
delegation of her best men to repre
sent her on the occasion. -
Between the reports of the racs,
the reporters " of the Presbyterian
Assembly, the type setters and a
"pi," the following paragraph was
accidentally conscructed and would
have appeared ia one of yesterday's
city papers but for its timely discov
ery by a proofreader : "The Assem
bly wa3 opened and Rev. Dr. Slier
lack led ia prayer up to the quarter
pole when Trinidad pushed up. lead
ing for a moment, soon succedded by
Strathmore, who yielded the floor
to Dr. Acklett, who wished to state
to the Assembly that the Committee
on Bills and Overtures joined tue
stranger in their belief that the Ten
nessee crack would prove a sure win
ner. Falsetto was next with a mo
tion to call up their report, when
Dr. Blankenhight moved to amend
by forceing the pace which was ex
ceedingly hot. Rev. Dr. Winggors
offered a resolution ic lieu of that,
as the Committee on Sy nodical Rec
ords were bunched. At this point,
Rev. T. C. P. Gladdis knocked Lord
Murphy to his knees, but the Bonnie
Scotland was soon on his feet, call
ing for the previous question. The
ayes and noes being taken, victory
was declared in favor f Dardeu's
Lord , Murphy, with , Rev. Dr. Cran
boll a second to the motion and-neck
with One Dime. Paris Mutual paid
the foreign missions in time 2;3G.
Courier Journal. ,
; .n; ,.
It was a sail spectacle to see Hon.
Alex. II. Stephens, while making his
speech on the Silver Bill in Congress.
He sat in his invalid chair, and look
ed more like a skeleton than a man,
though his speech was listened to
with great attention.
Clara Morris has a poDy; Mary
Anderson posessesa horse; and our
own Wilheltuj should have a mule.
If he gets one of these frisky ani
mals he will have to be very carcfuls
or that Stradiauan fiddlej bcjkickedj
intoj atomsj.
A NOTE FR03I SAWBONES.
The Wolf Creek Settlement is
Full.
Wolf Creek, Tenn., June 79.
To th Editor of thit Morristown Gazette :
Irom ail tbe lennesseo newapa
pers there is a cry it amounts to a
howl for immigration to Tennes
see. I cannot understand it. .That
last appeal or prayer of Commis.
sioner Killebrew to Massachusetts
is the most touching thins 1 ever
read. I read it several times. First,
fast then slow ; and it was the first
time in my Jife that I had religious
fealtno-s. I want it distinctly un
I O
derstood that we want no
tion to this place. There is enough
here now. it you aon i Deneve u go
through these mountains. You will
see Dole cabins everywhere. Give
a yell, ana cuuaren ana cogs
enough will come out to cover an
half acre. We have no inducements
to offer to immigrants. This is not
an agricultural country. We raise
not hing for exportation except chest
nuts, sang, gold dust and children.
We have everything we want except
religion, and we will have that when
we determine which is the best.
I wish the recent farmers' conven
tion at Knoxville had investigated
this subject.
I take no stock in horse fairs,
fourth of July's and sich like ; but
if the head men of the different
churches will meet at Knoxville and
determine which is the best religion,
I will be there, if I have to ; crawl
tnere OD ray bands and knees
A l antes, a snort time since,
proposed through the Tennessee pa-
pers that, if he wa9 allowed to do
as he pleased, he would come to
Tennessee and bring with him a su
perior religion and saw mills. I
wonnr what has h.m .-f ht. fl.
'
. .
I I f TXT I
When Russia was in a state of
paganism worshiping idols, as the
people of the United States now
worship dollars and old Beecher
the Czar sent experts to Constanti
nople to examine the different re
ligions. The Greeks made the best
showing. They had fixed up seme
bucks with wings like angels. This
took down the experts. They re
ported. The Czar ordered all his
people to the banks of the rivers,
where they were pitched in by the
necks and heels, and they have had
i-o trouble about religion since.
We want no immigration except
one man a prominent Tennessee
editor and he is coaling. Then
this will be an earthly paradise.
Sawbones .
To Make a Place Prosperous.
There can hardly be a greater sign
of prosperity in a community than
a disposition to assist one another
lift a little when a neighbor's wheel
gets stuck in the mud. We know of
a place where a man's barn, with all
its winter stores of grain and hay.
was consumed by fire in the night.
Immediately all of the mustered and
hauled up timber . for a new barn,
and then a big raising came off.
After that the sound of twenty ham
mers was heard until the whole was
shingled .and sided. But their deeds,
of kindness did not end here ; one
after another they offered to take
one or two head of his stock and
winter them for him, thus greatly re
ducing his loss and assuring his heart
of the more durable riches of brother
ly love and neighborly good-will.
None can compute in money the val
ue of one such example of liberality
in the community, especially in its
influence on the young. And wheu
this spirit prevails there is sure to
be progred3 in a place, even if all
the improvements are in their infan
cy. People will come and settle In a
place, that bears such a name. Now
if you desire to see your place grow
in popularity, do all you can to show
yourself a good neighbor, espe cially
to those who need a little extra help.
If a man starts a tin shop or a black
smith shop in your place- don't har
ness up and drive off five or six miles
to bujr your pans and get your horse
shod, just because you have been
in the habit of doing it. Patronize
the new comer wheu you want any
thing ia his line. Speak encour
agingly to him to your neighbors
Little words of approval or censure
go a long way ; when once you .have
spoken them you can uot recall them.
Help the sick, especially when they
indeed a heavy burden. Perform all
acts of loving charity which fail day
by day in your path, remembering
Who it was that said, "Ye shall in
no wise loose your reward. Coun
try Gentleman.
Pierre Napoleon Bonapart, third
son of Lucien Bonapart, died at Ver
sailles, France ou 21st inst. ;
The Prince Imperial was the first
member of the Bonapart family,
killed In war since they commenced
reigning.
Pierre Jerome Bonapart is repor
ted as having said that he will not, or
allow any of his eons to be pretend
ers to the throne of France,
BRIC-A-BRAC.
He Wants a Four Horse Stage
Line at Once.
To fb Editor of th Horriftown Gazette:
nave iust emDtied my hat and
WAV
find notes muchly of "celebrations'
sketches of Gracco Roman youths,
equipped in rosettes, scarfs, and
white vests, extendinsr the right
hand f fellowship, with booming
voices, that tell of the reckbound
coasts of Labrador, the coral graves.
and mangrave fringed islets of the
Gulf the tempest-tossed, wreck-
strewn strand of the Atlantic and
of rippling wavelets that tinkle upon
the golden sands of tho vast Pacific
sweet memories of pretty girls ;
yea, beautiful as tho daughters of
Scio ; dressed in white, relieved by
pink or blue, who, while the wanton
xephyrs kissed their golden curls or
jetty tresses, unrolled formiaable
scrolls, which spoke of dear school-
males, beloved teachers, a twelve
month rolling around, and the cold.
silent grave with a mild compari-
son between the piano and embroid-
ery, tne oroom ana oaiter cases
Many a literary (?) address had I ie
pickle. Presentation speeches, tor
tured cedar branches, fun, turkey,
cake and the 'great army' of articles
associate with such occasions. Es
pecially good coffee, for I'd rather
have a cup of good coffee, in my old
age, than listen to the finest forensic
or literary, and many other things
too numerous to mention." Please
give us a call. let a suit small
voice whispered, this man Helms is
your friend don't add to his load
ef commencements don ( com
mence don't join the happy throng
of the commencement commemora-
tors. (Don t count the "ems
gainst me, uncle John.)
Thanks for the approval of that
"Bridge of Sighs." 'Tis a favorite
piece of mine. Didn't the buds rain ?
Next year I'm going to try "Miss
Kilmansegg's precious leg." Hope
they won't throw any legs at me,
should it take. By the way, the
"Bridge of Sighs" was suggested by
the superb structure over Russell's
creek. Did you notice that struct
ure? 'Tis of one span, neat not
gaudy, and intended to facilitate in.
tercourse between Tazewell and (its
Brooklyn without Beecher) Rabbit
Town. A ferry boat onco plied be
tween the places but couldn't ac
commodate tbe traffic. This con
necting link was thrown across by
Tom Fulkerson, the Rothschild of
south Tazewell although financial
ly a failure, yet the artistic pictur
esqueness thereof adds much to the
pleasure of an evening jaunt along
the banks of Russell's creek.
, Talking about Tazewell, did you
observe the plaster knocked off the
ceiling of the Baptist Church,, about
half an acre? Well let me tell
some years ago, there was a revival,
and one ef the happy ones concluded
he would start to the happy hunting
grounds so away he sailed, follow
ed by the eyes of all. But, like
Peter, he lacked faith, and fetched
up with a "karouse," giring his nod
dle a thundering crack, and down he
came in the middle of a shower of
plaster for all the world like Lu.
cifer, coming down to organize . a
white-wahing committee. Why
should the spirit of mortal be proud?
Ever since that time, whenever any
citizen of Tazewell seriously wishes
logo to heaven, they go to this man,
as he ha gone farther 7 in that direc
tion than any of the rest. They'll
have to go feet foremost, if they want
to make the round , trip at reduced
rates.
This plaster knocker has been half
cracked ever since. Has visions.
Is continually looking for a railroad
through these mountains. Sav
Morristown will eventually, be the
greatest place on this continent 1
(For ponds and barber shops.)
The other night I was sitting out
on my front porch, dreamily tracing
the outlines of Cumberland, as they
rose in ebon hummock sharply dc
fined against the evening, sky, cast
ing "duck glances" at Ursa Major
and tbe polar star, and lazily "blink
ing" at Hesperus, hung as a silver
lamp in the west when I fell to
thinking. You see, I think a great
deal. I thought what a great place
Morristown was I I thought of
Tate's and Mineral Hill. Then what
a fine trip for tbe dyspeptic, to trav-L
el from Morristown to Tazewell, and
the fine country between Tazewell
and Cumberland Gap and, Cum
berland Gap the greatest place of
all. What's the reason It isn't, urn?
You have nothing like the "Pinna
cle" over your way, and then the
two fine caves at its base (one ac
tually measured 8 miles !) while in
the valley beneath are sulphur and
chalybeate springs. Who the thun
der wants epsom water? : I'd rather
try mulberries or cucumbers. When
I want to fizz, I'll take seidlitz pow
ders separately, and enjoy the thing.
Then, over in Harlan, a few miles,
are the picturesque fails of Shillel
agh, and up in Lee a "Rock House."
Pshaw I because you run the Bun
combe road, . you ; needn't feel so
complacent.. But what I'm driving
at in, why can't that four-horse stage
line be re established between Mor
ristown and Cumberland Gap?
Why? Yes, why ?.; Don't ali speak
at once, if you have got a brass band
and a marble yard. l Yes, why?
Tell me why I Bmc-A-Bxuc.
Ii STATE II.
SPEECH OF COL A S. COLYAR,
AT G1EAS0N,EAK1ET CODMT.
An Able Statement Of the Perils
of RenudiationCan the Fed
eral Courts Make Us Pay?-
Facts for the People of Ten
nessee to Ponder.
From tbe American.
Dresden, Tenn., June 21. Col.
Colyar delivered a most able argu-
raent, to-day, to a large andience, at
Gleason, in this county. He was re-
plied to by Mr. S. C. Hearn, of Paris.
Qol. Colyar produced and read the
ca8e of Osborn vs. the United States
Bank. While be said he denied the
principles therein settled as an orig
inal proposition, he maintained that
it was but a short step to be taken
by a progressive court to hold the
state liable for the whole indebted-
ness, Dy tne. sequestration of all
State funds in the hands of her of
ficers.
Mr. Hearn insisted that the whole
indebtedness, with a small exception,
was unconstitutional ; that the bonds
were illegally issued, and that' the
State having received none of the
money, was not liabe. He was op
posed to entailing a debt of twelve
millions upon the State.
Col. Colyar replied that it was not
a question of incurring a liability but
of settling a debt honorably.
Good feeling prevailed in the large
audience.
The following were the most im
portant points of Col. Colyar's
6peech :
If the people of Tennessee by a
vote decide that they will not pay
one-third of the interest on their pub
lic debt, they will have but little
sympathy from any quarter. In the
effort to get an abatement, they have
bad much sympathy; not only their
losses by war, but the shrinkage of
values, has strongly appealed for
sympathy to all who were lookers
on ; but the moment we say by vote
we will not pay anything, that mo.
ment we are condemned, and we are
pronounced insincere, as we (the low
tax men, especially,) commenced the
fight for a compromise. The Repub-
ncan party nave generally insisted
a .a a .
on paying the whole debt; but to a
great extent they will support this
measure a a settlement, having in
a patriotic spirit made this conces-
sion. If, however, this settlement
is defeated, they will doubtless
stand upon their original ground. State has the entire ultimate inter
Many Democrats, and among them est in the subject of the suit."
many of our best and strongest men,
like Gov. John C. Brown, Gov. N. S.
Brown, Gov. Porter, Gov. Harris;
Col. Bailey, Geu. Atkins, Col.
House, Mr. Taliaferro, Mr. Richard
son, and indeed most of our leading
men, have honestly and in good
faith believed we ought to pay more
than one-third of the interest on our
public debt. These men have at
last, and not without some humilia-
tion, consented to this compromise.
xuey win not suomit qiuetiy to ine
repudiation of the la3t third of our
debt. All the elements in the State
who yielded to what they thought
was the proposition of the low tax
men (as it was in the extra session),
feeliDg deeply stung by what they
will regard as an act of dishonoring
the State, will likely unite and fight
for their convictions. That , they
1- - 1 a
may control a legislature is prob-
able, and you may rest assured that
. .. c . ; 1 1 ; c .3 I
lweutJ iUUl " "' unv-
eu to clesperatiou will not De an idle
speculator in this contest, and the
payment may be forced by making
the coupons redeemable for taxes, . '
This is not our greatest danger.
If we, by a vote, refuse to pay one
third, in this progressive age, haviug
lost the sympathy of everybody, will
uot the courts in some way compel
us to pay the whole? This i a
most dangerous question. "
Bear in mind this is a progressive
age. ! It is even said that Christian
ity is progressive, and we all know
the law is progressive. The highest
evidence of this is found in oar Fed
eral courts. -What may cot be done
when tbe Supreme Court of the Uni
ted States holds that the Federal
Government may tax to death (for
it was suBtaiaed, cot as a revenue
measure, but as a legislative prohi
bition,) the right of tho States or the
people in the States, to lend credit
by the use of the banks? ' '
I am cot alarmed by the attempt
of the State of New York, by legis
lative enactmeut, to have the Stale
of New York, for the benefit of her
citizens, sue the State of Tennessee,
under the provision of the Constitu
tion giving original jurisdiction to
the Supreme Court .of., the United
States. ; in , controversies between
States. The Governor of New York
vetoed this bill, but if he had ap
proved it, it could cot have been
enforced.-- '. ..
Our rear danger lie) in another
direction. ArDitrators would, per
haps, make us pay more than one-
third of the interest, and although
tbe public judgment of mankind
wherever the question is discussed,
will be, that to take $960,000 an
nually out of an obligation of $1,
440.000 is a very big slice, it will
not 6liock the public sense ; and such
I bondholders as do not agree with it.
- win have no ejmpthy iQ the courts.
Not so If we say we will pay noth
ing.
Our danger lies in a question not
yet raised ; and while some may eay
that we need not raise questions for
our creditors, true wisdom is to a-
sume tQat tae jegai profe8ion, when
taxed to protect and save twenty-
five or thirty millions, will quickly
see whatever is to be seen in the
way of legal redress.
It is supposed our safety li?3 in
the Eleventh amendment to the
Constitution of the United States
in these words: "The judicial power
of the United State tall not be
construed to extend i.. ry suit in
aw or equity, commemed or prose
cuted, against one of tlie Unite'
States by citizens of another State,
or by citizens or subjects of a for
eign State."
And certainly under this provision
or the Constitution, the State of
Tennessee cannot be sued ; but we
had as well make up our minds that
we will have to meet the question ;
whether the holders of our past due
coupons being citizens of other
States can, without making the State
a party in the United States Courts
sequestrate our revenue as it may be
officers and collectors parties, ap
propriate enough of our revenue to
pay the coupons on the entire debt
as they may fall due. A careful ex-
amination of this question will sati9-
ty tue proiession tnat we are id
great danger if we fall into the hand
of a prosressive court, willing to
make some advance in favor of cred
itors about to lose all. liv an ex
amination of the case of Osborn vs.
United States Bank, 9 Wheaton 738,
it will be found that the Supreme
Court of tho United States, while
Marshall and Story were both on
the bench, Marshall delivering the
opinion, decided that "as the State
cannot be joined as a defendant, its
agent may be sued alone. And if
he has specific moneys and notes
I A II i 1 . a
wrongiuuy taten tuey may De or-
dered to be returned, and that the
prohibition to sue a State contained
in the eleventh amendment to the
Constitution does not extend to
cases in which the State is not made
a party on the record, even if the
This was a suit brought by the
Bank of the United States vs. the
Auditor and Treasurer of the State
of Ohio, setting forth that under an
act of the Legislature of that State,
the State had levied and collected
$98,000 from the Branch Bank of the
United States in Ohio, and that thin
was illegal, the State having no ri"bt
to collect taxes from this bank. And
perhaps no case that ever came be-
I tore that court was more fully con-
siaerca, ana at last, auer a re-argu-
ment the court affirmed the decision
of the Circuit Court, holding that
the State officers should restore the
money to the bauk, the money Day
ing been collected as before said
under an act of the State of Ohio
levying a tax for the benefit of the
State on the branch of the United
States bank in Ohio.
Among other things the Court
sa;j
jf tfae gtate of Qhl0 coujd haye been
made a party defendant, it can scarcely
be denied that this would be a strong
case for an injunction. Tho objection
is that, as the real party cannot be
brought before the court, a suit cannot
be sustained against the agents of the
party; and cases have been cited to
show that a court of chancery will not
make a decree, unless all those who are
substantially interested be made parties
to the suit.
This is certainly true where it is in
the power of the plaintiff to make them
parties ; but If the person who is the
real principal, the person who is the
true source of the mischief, by whose
power and for whose advantage it is
done, be himself above the law, bo ex
empt from all judicial process, it would
be subversive of the best established
principles to say that tho laws could not
aff5rd the same remedies against the
agent employed' in doing the wrong
which' they would afford against him
could his principal be joined in the suit.
An again the Court said :
The fifth objection to the decree is
that the case in the bill does not war
rant the interference of a court of chan
cery. In examining this question it is
proper that the court should consider
the real case, and its' actual circum
stances. The original bill prays for an
injunction against Ralph Ooborn, Audi
tor of the State of Ohio, to restrain him
from executirjg the law of the State to
the great oppression and injury of the
complainants and to the destruction of
the rights aud privileges conferred on
them by their charter and by the Con
stitution of the United States. : The
trueinquiry is whether an injunction
can be issued to restrain a person, who
is a State officer, fioux performing any
: : : Conclude! on ithpaje)
Ne to Advertisement:
W. L. ROGERS, y
IMXK-IEIEIS
WHOLESALE
LIQUOR DEALERS,
THANKFUL TO THEIR FRIENDS FOR THEIR LIBERAL I'AT
RON.VQE la tbe duL reDectf ullY ut eonUnuAcoa af Ihm una. We Lftla aaH torn etteaUu
to onr list of pure Liquor :
High Wine Whisky ;
Vld Ku. Rue Whtiku:
M9 Qen Whisky;
Holland Gin;
cittxtn ut;
Cherry Brandy;
Peach Brandy;
Sherry Wine;
Wm. Younger' Ale;
C. D. Com Whisky;
Am. French Drawly;
App'e Brandy;
California Pure Wine;
Burk's Dublin Porter:
rx-mijobue V. 1. 2. 3 end 9 Oalloni. V Pint. Pint
II ja li. (I Kegi, Br Hw r Muifx. Co'kn. ftr.
Pwnnter. f do not rrotilr Uuy ami U dirwt
H"ld. Pur Medical Wtilxkina apeclmtjr. We will
trade witli ub. Call and . u.
Ulloct 3 79
TO WHOLESALE AND RETAIL BUYERS.
PETER
And Candy Manufacturer,
WEST SIDE MARKET SQUARE.
KNOXVILLE, TEIUTJT.,
Ha the LARGEST AND MOST VARIED 8TOCK
FailCV GrOCGPieS ConfCCtiOnOriGS NlltS.
Fruits,
Ever offered to the Trade and
Throughout this section will finJ U to thlr lntrr
AXnL JJJUO
FRESH OYSTERS
'kOrdera in Perton orby Mail Respectfully
W. W. AYOODKUFF.
W. W. WOODRUFF Ct CO.
KKTK HAVE DECIDED
TO
ware BuHin( a lirifl of AOIUCIXTrRAL
everything iu that line at FACTOKV I'KlCtS.
We stiall aim to oep only ucu article aa nana iu vai 01 eipenrnc a i-id( iu tuii l
the kind in use.
We had the honor to introduce the OLIVEIl CHILLED PLOWS, and w ar tur w bar th ataU-
tu.ie ot 5,00 Farmer, who are now unmg them la
Ever article wa-rautrd to give jxrfwl aaUalacuou.
Circular aud Price aent on application.
Correspondence solicited aud all information on Mchinery cheerfully (riven.
Bend lor Circular and rnc to v. w. ttuuuiici
WHEELER
Champion Thresher and Cleaner,
Champion Thresher and Cleaner,
lice best and hinmt priced TltftJurt and
Xfcailway ana Lover
Clover IliUlorn n1201oaiiorHa
ShixxQlc Blacliixics,
S-iZX CCD Ud. S3 332 22.C JH 21L 2112 f?
3?u.lverizingf "Wlioel Harrow.
WHOLESALE AGENTS FOR THE
SEND FOR CIRCULARS AND PRICE LIST.
BIIENNAN & CO. KENTUCKY
Thi Prill will work in land where other Drilla
In FILTHY LAND of lee draft than auy ot'ier
this will work a great revolution lu Uraln frill
Scud for Circular and Price to
Cider trills,
Sinclair
Oliver Chilled Plow,
Doitb-Shovel PUnc$, loood or iron Jim,
3-Roller Gin Mills, 2-IUUr Caws M3U,
Patent Gdvanized Evaporator t Furnace.
Lawn Moteers,
Circular Saw,
HaW Fire Proof Safe,
Qkvc stock of GENERAL IIARDWARE wiUb
from any quarter. Order by wall promptly filled.
7. 7.
tag li 78 ly
...
W .atclimakers and J" ewolors
Comer Gay and Clinch Sts., Knoxville, Tenn.,
KELT IN STOCK A TX'LL LIKE OF
? toi My, H Site?, S Wkii j-Wsw,"
Superior Table Cutlery, Jtc."
taBtPAIBIJliJ A.XD ESORAVIXO kiU.'ully
wU UriYfi:ea?t aUtaUg&auJ ,u:aU.wa
w. c. ruRJir,
FISEHHH'E',
OUl Lincoln o. Whisky; Old Jturbon Whiky;
FincJit Gohlen Weddinj Old Robertion otuuty
Eye n htaky; t hhky;
N. K. Rum;
Impirrtt'd French Brandy;
Ginjr Brandy:
Siin'sh Port Wine;
Catatdni M'ine.
a1 Onart riaaki. 1. 3 end t Ga!ln Irnti.l-.i.r.
liar l-if-r. Cut anil r.finm..o llu.l
frmu tha dilj,Irr Wa iruaranU rli ti rrm.a m.
make It to tbe Interval ut rrorn) t Caali Uxal.r tj
KOGi:itS aV; PKItKY,
1M Key HI., KNuXVllAE, Tr.
KERN,
of
&c., &c.,
People of E:ist Tennessee.
to rTl n! imln Lis stock, or su4 fur yrios lu
VflaLaJ UL OViai A k.
os.
A SPECULTV
Solicited, and triH fuiva lmpt Attention.
Xf, 11, G11JI1INS.
ADD TO OUR REGULAR HARD
IMl'LEMEN'TS aod Dow ircftrej U furul.U
thi aectlun.
cu. itir iiji luUowinjj laipiouiebi .
aSc MELICICS;
IS Inch -jl $150
22 inch ;cyl $200
(&ansr$ in any market.
Powerw,
GKAIN DRILL.
will fail. Th onlp Drill that wiU not ch' nr
require hni c man aai two bora. Va tll-a
a Lua OUvr CUUjad l'Uw ha mmvug Ur Jw.
W. W. WOODKITP CO.
Straw Cuttcrx,
"Wheat FnnK
Fairbank' Stuck Srritt,
Mill tSmliiuj, French Durr Mul Rock Old
Quarry,
Gum Belting and JWkiny,
ItmibtA ami Stnbt Si Mil ffn AATw I
j Dexter Shtller aiul Srpi rator, '
keii complete aoJ t uU, tad wlUmaei emu )
Jtlca
WOODRUFF & COh
furaU4.
Mwi.aU Uratt,
Ail rr4f
tm is, ii